Assignment of Tenancy UK 2026 — Landlord's Guide to Tenant Assignment, Consent, and Original Tenant Liability

Assignment vs subletting — the legal distinction and why it matters

Assignment and subletting are frequently confused. The distinction has significant legal consequences for the landlord's rights and for who is liable for rent:

• Assignment — transfer of the whole tenancy: The original tenant (the assignor) transfers their entire tenancy interest to a new person (the assignee). The assignee steps into the position of the original tenant and has a direct tenancy relationship with the landlord. The original tenant steps out entirely (subject to any release agreement). After a valid assignment, the landlord's tenant is the assignee
• Subletting — new tenancy beneath the existing one: The original tenant (now acting as mesne landlord) grants a new tenancy or licence to the subtenant. The original tenant remains in contractual relationship with the landlord — they are still liable for the rent and for the property's condition under the head tenancy. The landlord has no direct relationship with the subtenant. If the head tenancy ends, the subtenant's right to occupy falls away
• Why the distinction matters for the landlord: In an assignment, the landlord's counterparty changes — the original tenant is replaced by the assignee. The landlord needs to conduct new referencing and right-to-rent checks on the assignee, update the tenancy documentation, and decide whether to release the original tenant. In a subletting, the landlord's counterparty remains the same (the original tenant) but there is an additional layer of occupancy beneath that the landlord must be aware of
• Identifying which has occurred: Where a tenant has put someone else in the property, the landlord should establish whether it was an assignment (the original tenant has left) or a subletting (the original tenant remains and has created a new arrangement with a subtenant). The former requires consent to assign; the latter requires consent to sublet — both typically require the landlord's consent under a standard AST

Landlord's right to refuse assignment — no reasonableness obligation for ASTs

The landlord's ability to refuse consent to assign depends entirely on the terms of the tenancy agreement. There is no statutory reasonableness obligation on landlords when refusing consent to assign an AST — unlike the position for commercial leases under the Landlord and Tenant Act 1927:

• Absolute prohibition: If the tenancy agreement contains a clause absolutely prohibiting assignment (such as 'the tenant shall not assign this tenancy'), the tenant cannot assign without the landlord's consent. The landlord can refuse consent for any reason or no reason — there is no reasonableness test
• Qualified prohibition: If the tenancy agreement contains a clause requiring the landlord's written consent before assignment, the landlord can still refuse consent for any reason in a residential AST — the Landlord and Tenant Act 1927 s.19 (which requires landlords of commercial leases not to unreasonably withhold consent) does not apply to ASTs
• Express reasonableness condition: Where the tenancy agreement specifically states that 'the landlord's consent to assignment shall not be unreasonably withheld', the landlord is bound by that contractual obligation. In practice this is uncommon in standard ASTs but may appear in longer-term or bespoke agreements
• RRA 2025 — no change to assignment rules: The Renters' Rights Act 2025 does not change the general law on assignment of periodic tenancies. Tenants under the periodic tenancies created by RRA 2025 still require the landlord's consent (as specified in the tenancy agreement) to assign. The RRA 2025 focus is on possession grounds and rent increases — not on assignment
• Practical guidance: Where a tenant requests assignment and the landlord is open to it, the sensible approach is to treat it as re-letting: reference the incoming assignee, carry out right-to-rent checks, negotiate the terms of the assignment, and document everything in a formal deed of assignment

The assignment process — deed of assignment, right to rent, and original tenant liability

Where the landlord agrees to an assignment, the process should be documented carefully. Key steps: the deed of assignment, right-to-rent checks on the incoming assignee, and the question of whether the original tenant is released from future liability:

• Deed of assignment: A deed of assignment should be prepared and signed by the assignor (outgoing tenant), the assignee (incoming tenant), and ideally countersigned by the landlord to record consent. The deed records: the date of assignment; the parties; the property; the terms of the tenancy being assigned (ideally by reference to the original tenancy agreement); and the terms of any release. Use a solicitor or conveyancer for anything other than straightforward assignments
• Right-to-rent checks on the assignee: The incoming assignee is a new occupier and must pass right-to-rent checks before taking occupation. The landlord must check the assignee's biometric residence permit, passport, or other specified document. Failure to carry out right-to-rent checks on the assignee exposes the landlord to the same civil penalty as a failure to check an original tenant (up to £20,000 per illegal occupier for a second breach)
• Original tenant liability after assignment: At common law, the original tenant may remain liable for the rent under the tenancy if the assignee defaults — a concept known as 'continuing liability' or 'privity of contract'. To avoid this, the original tenant should be formally released in the deed of assignment. If the landlord releases the original tenant, they should consider requiring the incoming assignee to provide a new guarantor
• Deposit considerations: The existing deposit protects the landlord against the condition of the property during the assignee's occupation — but the prescribed information will need to be re-served on the new tenant (the assignee) with updated details. The original deposit protection should be reviewed; some schemes require re-registration of the deposit where the tenant changes
• Update the tenancy agreement: Consider whether the original tenancy agreement terms remain appropriate for the assignee or whether a new tenancy (with updated terms) would be more appropriate. In practice, a direct tenancy with the assignee is often cleaner than a formal assignment of the original tenancy

Death of a tenant — statutory succession vs assignment from the estate

When an assured tenant dies, the tenancy does not automatically end. The Housing Act 1988 provides a statutory succession right for qualifying persons. Where no statutory successor exists, the tenancy passes to the deceased's estate and the question of assignment arises:

• Statutory succession under HA 1988 s.17: One statutory succession to an assured tenancy is permitted. A person qualifies as a successor if they were the tenant's spouse or civil partner, or were living with the tenant as a couple (including same-sex couples) for at least 12 months immediately before death. The successor must have been occupying the property as their only or principal home at the time of the tenant's death
• Only one succession permitted: An AST can only pass by statutory succession once. If the successor tenant subsequently dies, there is no further statutory succession right — the successor's executor or administrator takes over the tenancy but cannot grant a further succession. The landlord can then bring the tenancy to an end
• Renters' Rights Act 2025 and succession: The RRA 2025 preserves the statutory succession provisions. Under RRA 2025, periodic tenancies created from 1 May 2026 continue to be subject to one statutory succession. The introduction of periodic-only tenancies does not expand the succession rights beyond what HA 1988 s.17 already provides
• Where there is no statutory successor: If no qualifying person lives in the property at the date of death, the tenancy passes to the deceased's estate (executors or administrators). The executor can: surrender the tenancy (by agreement with the landlord); allow it to run its course; or assign it to a third party with the landlord's consent. The landlord is not required to consent to such an assignment and can seek possession on the basis that there is no statutory successor
• Practical steps on tenant death: The landlord should ask who is living at the property; whether any person was living with the deceased as their spouse, civil partner, or long-term partner for 12 months; what documents the executor holds; and whether the estate will be surrendering the tenancy. Keep a clear record of all communications with the estate. Do not remove belongings or change locks without either a deed of surrender or a court order

Frequently asked questions