Assignment is where a tenant transfers his or her entire interest to a third party. The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now owes obligations to the Landlord.
If a tenant assigns a Part 4 tenancy to a person other than a sub-tenant, the protection provided by a Part 4 tenancy ceases. The new assignee will require 6 months of continuous occupation in the dwelling before qualifying for Part 4 tenancy rights.
If a tenant assigns a dwelling to an existing sub-tenant, the Part 4 tenancy will continue to exist in favour of the new assignee for the remaining period of the original Part 4 tenancy and the assignee becomes the tenant of the Landlord. Assignment can only be done with the consent of the Landlord. Where a landlord refuses an assignment of a Tenancy, a tenant can serve a notice of termination on the landlord.
Please note tenants of Approved Housing Bodies are not permitted to assign or sublet the tenancy.