Transfer of tenancy

The process to transfer the tenancy of a property will depend upon whether you are in private or social housing. 

Typically, those renting in the private sector have an assured shorthold tenancy, which are fixed for a specified period of time. If the parties have agreed upon who will remain in the property, the most effective solution will generally be to ask the landlord for a new tenancy agreement to be put in place with that party as a sole tenant. If the parties are unable to come to an agreement, or the landlord refuses, the parties can apply for a transfer of tenancy order. This is a court order which can transfer the tenancy from one party to the other, or from both parties to one, as per Part VII of the Family Law Act 1996. 

Those renting from a local authority or housing association will generally have an assured or secure tenancy. However, it is less likely that parties can agree directly with a social landlord for the tenancy to be transferred. Generally, a transfer of tenancy order will have to be provided by the court  

An application for a transfer of tenancy must be made by submitting a form D50B. In determining whether to grant a transfer of tenancy, the court will consider the following: 

• The circumstances in which the tenancy was granted or how the parties became tenants 

• The housing needs and resources of either party and of any relevant child 

• The financial resources of the parties 

• The likely effect of an order on the health, safety or well-being of the parties and any relevant child 

• The suitability of the parties as tenants 

Where the parties are cohabitants but only one party is a named tenant, the court will also consider the following additional factors: 

• The nature of the parties’ relationship 

• The length of time the parties cohabited 

• Whether there are any relevant children 

• The length of time which has passed following the parties’ separation 

If you are considering or going through a divorce and you are interested in transferring the tenancy of your home, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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