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Giving your tenancy to someone else is known as 'assignment'. Most private tenants can't assign their tenancy. Housing Executive and  Housing Association tenants may be able to assign their tenancy with the permission of their landlord.
Private tenants
It is very unusual to be able to pass your tenancy onto someone else during your lifetime. Whether you can assign your tenancy depends on:
- what you tenancy agreement says
- whether or not your landlord agrees
You can't assign certain protected tenancies.
The tenancy agreement
Your tenancy agreement may contain information about whether you can assign your tenancy. If it doesn't your rights depend on what the law says about your particular type of tenancy.
The landlord's agreement
You will only be able to assign your tenancy to someone else if your landlord agrees to the assignment. You should get this agreement in writing before the assignment goes ahead.
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Assigning a private tenancy
If you are allowed to assign your tenancy you must follow a special legal procedure. For an assignment to be legal everyone involved must agree to and sign a deed of assignment. A deed is a special legal document.
Assignments have to take place by deed even if there was no written agreement for the original tenancy. An independent person must witness and sign the deed. Get a solicitor to draw up and witness the deed so that you can be sure that it is legally correct.
If you don't carry out an assignment correctly the other person is likely to be your sub-tenant. This will give the new tenant fewer rights and will mean that you will still be responsible for paying the rent. Find out more about private tenacies by visiting our renting subsite.
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Protected tenancies
From 1st April 2007, a protected tenancy can only be assigned following a court order - for example, in connection with divorce proceedings. Seek advice from Housing Rights Service on 028 9024 5640 if you are in this situation. Find out more about protected tenancies.
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Housing Executive tenants
You will usually need the Housing Executive's consent before you can assign your tenancy. You are able to assign your tenancy if:
- you have to assign the property because of a court order (for example, after a divorce)
- you are giving your tenancy to someone who would be able to succeed to your tenancy. For example, your husband, wife or a close relative.
- you are exchanging your property
Think carefully before you assign your tenancy. You could end up with nowhere to live yourself. A local advice agency can help you work out your options if you are considering assigning your tenancy.
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Housing association tenants
You will usually need the consent of your housing association before you can assign your tenancy. You are able to assign your tenancy if :
- you have to assign the property because of a court order (for example, after a divorce)
- you are giving your tenancy to someone who would be able to succeed to your tenancy. For example, your husband, wife or a close relative.
- you are exchanging your property
Unsecure housing association tenants can't assign their tenancy. Think carefully before you assign your tenancy. You could end up with nowhere to live yourself. A local advice agency can help you work out your options if you are considering assigning your tenancy.
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