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When a tenant can transfer their tenancy to another person using an assignment by deed.
Council tenancy assignment rights, assured or assured shorthold tenancy assignment rights, regulated tenancy assignment rights, deed of assignment, liability for rent arrears after assignment.
Assignment is when a tenant transfers their tenancy to another person. A tenancy is assigned using a deed.
A tenant might use assignment to:
pass on their tenancy before their death
transfer their tenancy after a relationship breakdown
swap homes with another tenant by mutual exchange
The person who is assigned the tenancy becomes the tenant of the landlord under the same agreement.
A tenant's right to assign depends on their tenancy type.
A secure or flexible tenant can only assign their tenancy if either: [ 1 ]
they assign by mutual exchange
they assign to a potential successor
the court orders assignment in family law proceedings
A flexible tenancy is a type of secure tenancy granted for a fixed term.
When a flexible tenant assigns their tenancy the fixed term continues. For example, if they assign the tenancy three years into a five year fixed term, the assignee has two years remaining on the tenancy.
An introductory tenant can only assign under family law proceedings or to a potential successor. [ 2 ] A demoted tenant can only assign under family law proceedings. [ 3 ]
An attempt to assign for any other reason does not transfer the tenancy. The tenancy remains with the original tenant. If the original tenant moves out and no longer occupies the property as their only or principle home, the landlord can end the tenancy by serving a notice to quit.
Secure and flexible tenants can swap their tenancy with another social tenant in some cases. Mutual exchanges can only happen with the consent of both landlords.
Find out more about mutual exchange .
Some people have a right to succeed to a tenancy when the tenant dies. For example, their spouse or another family member. The successor inherits the tenancy.
A sole tenant can assign their tenancy before their death rather than wait for a succession. They must assign it to someone who would qualify to succeed if the tenant died. [ 4 ] Find out more about who qualifies for council tenancy succession .
A joint tenant cannot assign to a potential successor. [ 5 ] When a joint tenant dies, the surviving tenant inherits the tenancy by survivorship. [ 6 ]
The assignment must happen while the property is the original tenant's only or principal home. The tenancy loses its security of tenure if the tenant moves out before assignment.
An assignment to a potential successor counts as a succession. There can usually be no further succession when the new tenant dies. [ 7 ]
Assigning to a potential successor prevents the landlord from obtaining possession on ground 15A for underoccupancy. The landlord can only use ground 15A after a succession. Find out more about ground 15A .
The court can order tenancy assignment in family law proceedings. [ 8 ] For example, during divorce proceedings.
This might change a joint tenancy to a sole tenancy, or sign a tenancy over to the person who still lives in the property.
A tenant must have their landlord's consent for a mutual exchange to swap their tenancy. Read more about mutual exchanges .
When assigning to a potential successor or in family law proceedings, the tenant does not need their landlord's agreement to assign unless their tenancy says consent is required. Where this is a term in the tenancy, the tenant should ask their landlord for consent before assignment. They should state they are asking as a formality, because they are exercising a statutory right to assign and the landlord must not unreasonably withhold consent. [ 9 ]
When the tenancy requires consent and the tenant assigns without their landlord's agreement, the landlord might start possession proceedings for a breach of the tenancy. They can serve a notice on a discretionary ground. The court should consider whether it is reasonable to order possession when the tenant correctly assigned using a statutory right.
Find out more about secure tenancy grounds for possession .
An assured or assured shorthold tenancy can be assigned if either:
a housing association tenant assigns their tenancy by mutual exchange
a tenant assigns the tenancy in line with their tenancy terms
Most tenancies start with an initial fixed term period, such as six months.
Where a tenancy does not mention assignment, the tenant can assign without their landlord's consent.
Where it allows assignment with consent, the tenant needs their landlord's agreement to assign and the landlord cannot unreasonably withhold consent [ 10 ]
A statutory periodic tenancy starts automatically when a fixed term expires.
The tenant needs their landlord's consent to assign. The landlord can refuse for any reason. [ 11 ]
Some tenancies start as periodic with no fixed term, or state they continue as periodic after a fixed term. These are contractual periodic tenancies.
Where the agreement does not mention assignment, the tenant needs the landlord's agreement to assign and the landlord can refuse for any reason. [ 12 ]
Where it allows assignment with consent, the the tenant needs the landlord's agreement to assign and the landlord cannot unreasonably withhold consent. [ 13 ]
A premium is a payment for a tenancy other than rent. A premium includes a tenancy deposit greater than two months' rent. [ 14 ] Where a contractual periodic tenant paid a premium and the tenancy does not mention assignment, the tenant can assign without their landlord's consent.
When a fixed term or contractual periodic tenancy allows assignment with consent, the tenant can apply for consent in writing. The landlord must reply within a reasonable time. If they refuse to consent, they must give reasons. [ 15 ] The landlord cannot refuse unreasonably.
What is considered unreasonable depends on the facts. [ 16 ] For example, the courts held it is reasonable to withhold consent when the existing tenant has arrears or the new tenant is not financially sound. [ 17 ]
A tenant might need their landlord's agreement but decide to assign without consent. The assignment happens if the tenant uses a deed, but the tenant has breached their tenancy agreement. [ 18 ]
The landlord can start possession proceedings for a breach of the tenancy. They can serve a notice on a discretionary ground. At the court hearing, the court must be satisfied it is reasonable to grant possession.
Find out more about assured tenancy grounds for possession .
A regulated tenancy has two stages:
the initial contractual tenancy, which can be for a fixed term or periodic
the statutory tenancy that starts when the contractual tenancy ends
Landlords have not been able to grant new regulated tenancies since 1989 so most tenants now have statutory tenancies.
Find out more about regulated tenancies .
A tenant can assign their contractual tenancy with their landlord's consent. If the tenant does not get consent the landlord can seek possession. [ 19 ] A landlord can consent after assignment. [ 20 ]
A statutory tenancy can only be assigned by the court in family law proceedings.
A statutory tenant can request a transfer, where one statutory tenant is substituted for another. [ 21 ] The landlord must give consent and can refuse for any reason.
A tenancy should be assigned using a valid deed. [ 22 ]
The document must be labelled as a deed and signed by each party. It must include the:
name and address of the original tenant
name and address of the new tenant
words "signed as a deed"
landlord's details
An independent person must witness the signatures of the original tenant and new tenant, and sign the document as a witness. The same person can witness all the signatures.
Both tenants should keep a copy of the deed to prove the assignment happened.
In most cases, a tenancy is not assigned if a deed is not completed. [ 23 ]
An assignment could still be valid if the parties intend to assign a tenancy but the deed is not executed correctly. [ 24 ] This is called equitable assignment. If there is a dispute between the parties or with the landlord, the court must decide if the assignment is valid.
The new tenant is not liable for rent arrears that accrued before they took over the tenancy. [ 25 ] In most cases they are liable for rent arrears that accrue after assignment. [ 26 ]
The original tenant is liable for arrears existing at the time of assignment. They might be liable for rent arrears accrued after assignment where either:
the tenancy started before 1 January 1996
they agreed to act as a guarantor for the new tenant
the tenancy agreement prohibits assignment and the landlord did not agree to assignment
The landlord could make a claim against the original tenant for arrears that accrued after the assignment. The landlord must notify the original tenant of the arrears on a prescribed form within six months of the arrears falling due. [ 27 ]
Last updated: 14 August 2024
s.91 Housing Act 1985.
s.134 Housing Act 1996.
s.143K Housing Act 1996.
s.91(3)(c) Housing Act 1985; Burton v Camden LBC [2000] UKHL 8; Peabody Donation Fund Governors v Higgins [1983] 1 WLR 1091.
Burton v Camden LBC [2000] UKHL 8.
Solihull MBC v Hickin [2010] EWCA Civ 868.
s.88(1)(d) Housing Act 1985.
under s.23A or s.24 Matrimonial Causes Act 1973, or under s.17(1) Matrimonial and Family Proceedings Act 1984, or under para 1, Schedule 1 Children Act 1989.
s.19(1) Landlord and Tenant Act 1927.
s.19(1)(a) Landlord and Tenant Act 1927.
s.15 Housing Act 1988.
s.15(1) and 15(2) Housing Act 1988.
s.15(3) Housing Act 1988; s.19(1)(a) Landlord and Tenant Act 1927.
s.15(4) Housing Act 1988.
s.1 Landlord and Tenant Act 1988.
Braun v Westminster Anglo-Continental Investment Co Ltd [1975] 240 EG 927.
Greenwood Reversions Ltd v World Environment Foundation Ltd and Mehra [2008] EWCA Civ 47; Gibbs and Houlder Bros and Co. Ltd Lease, Houlder Bros and Co. v Gibbs [1925] Ch 575, CA.
Sanctuary Housing Association v Baker (1997) 30 HLR 809.
Ground 6, Sch.15 Rent Act 1977; Regional Properties Company v Frankenschwerth [1951] 1 KB 631
Hyde v Pimley [1952] 2 QB 506
para 13, Schedule 1, Rent Act 1977.
s.52 Law of Property Act 1925.
Crago v Julian [1992] 24 HLR 206, CA; Crago v Julian (1991) 24 HLR 306 CA.
s.2 Law of Property (Miscellaneous Provisions) Act 1989.
s.17 Landlord and Tenant (Covenants) Act 1995.
s.5 of the Landlord and Tenant (Covenants) Act 1995
In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.
This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.
For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.
At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment.
An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.
However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.
In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.
When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y.
When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.
In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.
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Are you facing a ‘deed of assignment of debt’? Are you worried about a debt collector knocking on your door?
You’re in the right place. Each month, over 170,000 people visit our site looking for guidance on debt issues, just like this one.
In this article, we’ll explain:
We know how scary it can be when debt collectors get involved; some of our team have faced similar situations. We’re here to help you understand your situation and make the best choices.
There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt , but the wrong one may be expensive and drawn out.
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Being in debt is confusing enough as it is. And it can get even more complicated when you get a letter through the door from a company you may never have heard of demanding (often in quite a strongly-worded way) that you make your payments to them instead.
What’s going on, you might ask yourself?
At the end of the day, the creditor will want the money that you owe back.
However, sometimes when an account falls into arrears , they won’t have the capabilities or resources to claim it back . This is when the original company you owe money might ‘ assign’ your debt .
This is notice that tells you that you now owe a debt collection agency or another collection service the money you originally owed to the creditor .
Instead of paying the company you might have originally owed money to, you now owe a third party company.
A deed of assignment of debt is a legal documen t alerting you of the transfer of ownership of your debt to another person. The right to receive payment from the debt you owe is transferred over to this new party as well.
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A deed of assignment of debt is used to transfer or sell the right to recover a debt .
Without a deed of assignment of debt, the two companies are not able to do this – you need a written transfer document.
Once the transfer document, or deed of assignment of debt, has been signed by the assignee (the party transferring the debt) and the party receiving the debt ( assignor ), they must give notice to the debtor (the person that owes the company the sum of money).
Notice must be given within 7 days of assigning the debt. Unless someone gives notice to the debtor, then the new owner of the debt can’t enforce the debt by suing in court.
Confusingly, there are actually two different sorts of assignment that a creditor can make. These are Legal and Equitable.
Both types of assignment fall under the Law of Property Act 1925 , and both require the creditor to inform you of the change in writing – this is known as a notice of assignment of debt .
Legal assignment of debt gives the company who are purchasing the debt the power to enforce it .
Basically it means that you make payments to this company instead of the original creditor, and they can send you letters and make calls to your home.
If a debt is an equitable assignment, only the amount you owe is transferred , and the original creditor will still retain the original rights and responsibilities .
The purchasing company will not be able to enforce the debt either.
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A deed of assignment of debt can be a real headache, as you now have another layer of money owed. You will probably rightly ask yourself – why? And how can they sell it?
It may seem strange and confusing, but it’s actually completely legal for them to sell your debt . When you sign a credit agreement, there is almost always a clause in fine print that states that the original creditor has the power to assign their rights to a third party.
As you have signed this agreement, they don’t actually need to ask for your permission to assign your debt.
This also means that you cannot dispute it or make a complaint about it either. The only exception to this rule is if you have given evidence of mental health issues .
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So that’s the basics about a Deed of Assignment of Debt. But what does this mean for you?
If your creditor passes one of your debts onto a third party company or debt collection agency, it will be officially noted that this new company is now responsible for collection .
You will be able to see this change on your credit report , and any defaults will also be registered in their name too.
While it certainly adds another layer of confusion to proceedings and you may be unsure of what’s going on when you find out about a deed of assignment of debt, it can occasionally be a bit of a blessing in disguise.
You may find it much easier dealing with the new company, as they could be more flexible when it comes to discussing interest and additional charges.
There is also the likelihood that these companies actually specialise in collecting debts , and so know how to approach you as the customer with more tact and delicacy than the original creditor.
Is there something missing? We’re all ears and eager to improve. Send us a message and let us know how we can make our article more useful for you.
You can email us directly at [email protected] to share your feedback.
A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.
In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.
It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.
Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT
CONTENTS OF A DEED OF ASSIGNMENT
Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.
For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.
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A deed of assignment can be used by property owners to assign their beneficial interest to another party; either a legal owner or a non-legal owner. Most commonly the transfer is between husband and wife for tax purposes on a buy to let. Where a property is held as joint tenants and the parties want to assign beneficial interest, then they must ...
A new Standard document has been added: Deed of assignment. The document is accompanied by a detailed Drafting note, which provides a commentary on each clause, identifying the legal, drafting and negotiating issues for consideration by each party: Deed of assignment: drafting note. ... New: Deed of assignment Practical Law UK Legal Update 1 ...
A deed for use when a party to an agreement wishes to assign its rights and benefits under that agreement to another person. Get full access to this document with a free trial Try free and see for yourself how Practical Law resources can improve productivity, efficiency and response times.
A Deed of Assignment is a legal document that transfers or assigns the legal rights and obligations to another party. And it varies depending on your situation. For example, an assignment could work for simple things like intellectual property. When a graphic designer creates a logo for you, you might want to make sure that logo is owned by you.
Legal and equitable assignment. The Law of Property Act creates the ability to legally assign a debt or any other chose in action where the debtor, trustee or other relevant person is notified in writing. If the assignment complied with the formalities in the Act it is a legal assignment, otherwise it will be an equitable assignment.
An assignment must be expressed to take effect immediately. This Deed of Assignment takes effect immediately on the date of the deed. This Deed of Assignment to transfer the beneficial interest in property is fully comprehensive, it is in Microsoft Word format, written in plain English, easy to use and edit. View Sample. £19.00.
Summary. The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor. The Notice of Assignment is simply a communication that there has been an assignment. The deed is governed by Section 136 of the LP 1925. It should be possible to obtain a copy of the Deed prior to any action taken in respect of it.
Practical Law UK Legal Update 4-591-5405 (Approx. 2 pages) ... Deed of assignment of beneficial interest in land. We have published Standard document, Deed of assignment of beneficial interest in land. This is a deed to assign a beneficial interest in residential property. The document is intended for the use where an individual wishes to make ...
Deed of Assignment 1 GENERAL NOTES Advice You should seek advice from your own legal and financial advisers to make sure that this deed is right for you. You should do this before completing this deed. You should not use this deed if you wish to sell the policy to a buyer or mortgage it to a lender.
But you need to do so in writing. A deed of assignment of a debt is the document to use for this. You would need to assign the whole of a debt, as you cannot assign only part of it. The debtor cannot assign the debt to someone else unless the creditor agrees and you would then do this via a deed of novation. 2.
The Arrears Assignment Deed under UK law is a legal template or document that governs the assignment or transfer of arrears in a financial or contractual context. Arrears typically refer to overdue payments or outstanding debts that have not been paid in a timely manner. This legal template outlines the process and terms under which arrears can ...
by Practical Law Corporate. Maintained • Australia, Federal. A deed for use when a party to an agreement wishes to assign its rights and benefits under that agreement to another person.
Under UK law, if a commercial lease is for a period of more than 7 years, it has to be registered at the Land Registry. Where the lease is a registered lease and the original Tenant wishes to assign the lease, the TR1 form should instead be used. Differences between a deed of assignment and a commercial sublease agreement
10 February, 2024. A Deed of Assignment is a legal document that transfers the ownership rights and interests of a property or asset from one party, known as the assignor, to another party, known as the assignee. It is commonly used in real estate transactions but can also apply to other types of assets, such as intellectual property rights ...
This Deed of Assignment - Assignment of Contract is in Microsoft Word format, written in plain English, easy to use and edit. View Sample. £9.99. Template for a deed of assignment - assignment of contract to buy and download from The Legal Stop. In MS Word, plain English and easy to edit.
A tenancy is assigned using a deed. A tenant might use assignment to: pass on their tenancy before their death. transfer their tenancy after a relationship breakdown. swap homes with another tenant by mutual exchange. The person who is assigned the tenancy becomes the tenant of the landlord under the same agreement.
Governing Law: The deed should specify which jurisdiction's laws govern the ... This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. ... England, UK, W1W 7LT. PO BOX 775, Cherrybrook, NSW, 2126, Australia. 10 ...
by Practical Law Property. A deed for the assignment of an unregistered lease. For a suite of practice notes on lease assignments dealing with the transaction from the perspective of the assignee, see Lease assignment toolkit. See Standard clauses and drafting notes for clauses that can be used to adapt this document.
Source: MSE Forum. Once the transfer document, or deed of assignment of debt, has been signed by the assignee (the party transferring the debt) and the party receiving the debt (assignor), they must give notice to the debtor (the person that owes the company the sum of money).. Notice must be given within 7 days of assigning the debt. Unless someone gives notice to the debtor, then the new ...
A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of ...
A standard form deed of assignment under which a lender (the assignor) assigns its rights relating to a facility agreement (also known as a loan agreement) to a new lender (the assignee). Only the assignor's rights under the facility agreement (such as to receive repayment of the loan and to receive interest) are assigned. The assignor will still have to perform any obligations it may have ...
81% of customers agree that Practical Law saves them time. End of Document. Resource ID w-024-5240. A deed of assignment for use in connection with a sale of a commercial property subject to lease (s) where, on or after completion, arrears of sums due on completion from the tenant (s) are to be assigned to one of the parties.
Assignment. The transfer of a right from one party to another. For example, a party to a contract (the assignor) may, as a general rule and subject to the express terms of a contract, assign its rights under the contract to a third party (the assignee) without the consent of the party against whom those rights are held. Obligations cannot be ...