Passing a tenancy to someone else

How to pass your tenancy on to someone else

Passing a tenancy to someone else is called assignation. The rules about when you can assign your tenancy depend on your tenancy type.

You can check what type of tenancy you have on the Shelter Scotland website.

If you need help with an assignation, you can get advice from your local Citizens Advice Bureau.

If you rent from a local council or housing association

If you have a Scottish Secure Tenancy, you can assign the tenancy to anyone who has lived with you for the past 12 months. The property must have been their main home for that 12 months.

You must get the landlord’s permission in writing to assign your tenancy. Your landlord can only refuse if they have a good reason.

If you rent from a private landlord

If you have a Private Residential Tenancy, you can only assign the tenancy to someone else if the tenancy agreement allows it, or the landlord agrees to it in writing.

How to pass on a tenancy when someone dies

When a tenant dies the tenancy might pass to a partner, or sometimes a relative or carer. This is called succession.

The rules about when you can succeed a tenancy depend on the tenancy type. Succession rights are given by law. What a landlord says or writes in an agreement cannot change a right to succession.

Check your housing rights when someone you live with dies on the Shelter Scotland website.

To find out if you can succeed a tenancy, you can get advice from your local Citizens Advice Bureau.