Your Tenancy

An assignment is what happens when a tenant who is still living passes on their tenancy to another person. The assignor is the person who assigns the tenancy. The assignee is the person who receives the tenancy. Assignments can happen to either sole or joint tenancies. No new tenancy is created through an assignment.

You need to get our written consent to any assignment. Without it assignment is not legally valid. You, as the tenant, should ask us in writing to agree to the assignment. You should write to us at Customer Services, City of Lincoln Council, City Hall, Lincoln, LN1 1DF.

If a member of your family would qualify to take over your tenancy if you died, you may be able to pass the tenancy to them during your lifetime if you are no longer intending to live there. A tenancy cannot be assigned without our prior permission; but we may not unreasonably withhold permission.

Assignment by court order

The most likely circumstance for this to apply is when the tenant/s are divorced or separating.

Such an order can only be made in proceedings for divorce or judicial separation.

The person getting the tenancy will not be treated as a successor unless the tenant was a successor.

Once an order has been made it is the responsibility of the parties concerned to make the assignment by legal deed, providing us with copies of the relevant documentation.

Assignment by mutual exchange

In certain circumstances you may apply to exchange tenancies with another tenant. You must get our written permission before any exchange takes place.

This procedure is dealt with under mutual exchanges. Mutual exchanges are carried out by each exchanging tenant assigning their tenancy to the other. An exchange does not count as a succession. If, however, the tenant was a successor before the assignment, they will remain so. You can find out more about mutual exchanges in the ‘Mutual exchange’ page.