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Free Deed of Assignment Tenancy Agreement Sample Form and Template

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, stocks, or contractual rights.

The Deed of Assignment serves as evidence of the transfer of ownership and provides a clear transaction record. It outlines the terms and conditions of the assignment, including the details of the parties involved, a description of the property or asset being assigned, and any applicable terms or conditions.

Key elements typically included in a Deed of Assignment are:

• Parties: The document identifies the assignor (current owner) and the assignee (new owner) involved in the transaction. It is essential to provide accurate and complete information about both parties.
• Description of the property or asset: The Deed of Assignment should include a detailed description of the property or asset being transferred. This includes the physical address, boundaries, and any relevant identifying information for real estate. For other assets, it may include specific details such as patent numbers or stock certificates.
• Consideration: Consideration refers to the value or payment exchanged in return for the assignment. It can be in the form of money, goods, services, or any other agreed-upon consideration. The Deed of Assignment should clearly state the consideration provided by the assignee to the assignor.
• Terms and conditions: This section outlines the specific terms and conditions of the assignment. It may include any restrictions, warranties, or obligations that the assignee must adhere to after the transfer of ownership. These terms are mutually agreed upon by both parties and are legally binding.
• Signatures and witnessing: The Deed of Assignment requires the signatures of both the assignor and the assignee to make it legally enforceable. Additionally, witnesses are often present during the document’s signing to validate its authenticity.

Once the Deed of Assignment is signed and executed, it becomes a legally binding agreement between the assignor and the assignee. It ensures that the assignee acquires the rightful ownership of the property or asset, and the assignor relinquishes their ownership rights.

It is important to note that the requirements and legal implications of a Deed of Assignment can vary depending on the jurisdiction. Consulting with legal professionals or experts in the relevant field is recommended to ensure compliance with local laws and regulations.

When Can A Contract Be Signed As A Deed?

Under certain circumstances, a contract can be signed as a deed, distinguishing it from a standard contract. This is typically the case when the parties involved agree that no consideration, or payment, is necessary for the agreement to be valid.

As a more formal document, a deed follows a specific execution process. It requires the presence of a witness during the signing and in some cases, the use of a seal to authenticate the deed.

Is it Possible to Reverse a Deed of Assignment?

Once a deed of assignment has been executed and dated, it remains legally binding and enforceable until specific actions are taken. These actions include varying the deed using a deed of variation, surrendering it using a deed of surrender, or selling the property involved. If you intend to make changes to the original deed, it is more common to surrender the entire deed and then create a new deed with the desired modifications.

Which document do I require, a deed of assignment or a deed of trust?

When it comes to transferring the beneficial interest in land or property from one party to another, a deed of assignment is typically utilized. This document focuses solely on the assignment of the beneficial interest. On the other hand, a deed of trust can serve the same purpose but includes additional clauses that outline procedures for selling the property, among other things.

A deed of assignment is suitable for most married couples seeking to assign their beneficial interest in an investment property.

Download a Deed of Assignment Tenancy Agreement Template

If you like a custom, completely personalised assignment agreement, use the link below. It takes about 5 min to create and you will end up with an agreement, tailored to your specific property.

Download CUSTOM Assignment Agreement

Alternatively, if you just want to download a generic deed of assignment of tenancy template, use the link below.

Download GENERIC Deed of Assignment of Tenancy Agreement

All content on this form and other forms for landlords published by Property Division are provided “as is”, with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. Property Division does not represent or warrant that this letter or other material supplied by Property Division will be accurate, current, uninterrupted, error-free or omission-free.

Can a landlord refuse to assign a lease in the UK?

In the United Kingdom, a landlord’s ability to refuse to assign a lease is governed by the terms of the lease agreement and relevant landlord and tenant laws. The Landlord and Tenant Act 1988 (as amended) provides certain protections and guidelines for both landlords and tenants regarding the assignment of leases.

Here are some key points to consider:

• Lease Agreement Terms: The terms of the lease agreement will typically outline the conditions and requirements for assigning the lease. Some leases may include provisions that require the tenant to obtain the landlord’s consent before assigning the lease.
• Reasonable Refusal: The Landlord and Tenant Act 1988 limits a landlord’s ability to unreasonably withhold consent to an assignment. Generally, the landlord’s refusal must be reasonable, and they cannot arbitrarily deny permission. Common reasons for refusal may include concerns about the proposed assignee’s financial stability or if the assignee’s intended use of the property violates the terms of the lease.
• Landlord’s Costs: The landlord may be entitled to recover reasonable costs incurred in considering the request for assignment. These costs should be outlined in the lease agreement.
• Procedure for Seeking Consent: The lease agreement may specify the procedure that the tenant must follow when seeking the landlord’s consent for an assignment. It is important for tenants to adhere to these procedures to ensure compliance with the terms of the lease.
• Landlord’s Remedies: If the landlord believes there are valid reasons to refuse consent, they may have remedies available under the lease agreement or applicable law. However, these reasons must typically be specified in the lease.

It’s important for both landlords and tenants to be aware of the lease agreement’s specific terms and understand their rights and responsibilities under the Landlord and Tenant Act 1988. If disputes arise, seeking legal advice is recommended to ensure compliance with the law and the terms of the lease. Additionally, the laws and regulations may be subject to change, so staying informed about any updates is advisable.

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How Important is the Deed of Assignment?

Case Analysis –  Cenolli  v  Cenolli  

An assignment is the formal transfer of a legal interest in land. In a housing context, it is the transfer of a secure or assured tenancy during the lifetime of the tenant.   

Think of it like one person (the ‘assignee’) stepping into the shoes of another person (the ‘assignor/original tenant’).   

An assignment does not mean that a new tenancy is signed, but that the existing (original) tenancy is transferred to somebody else.   

Assignment was considered recently by the Central London County Court in the case of Cenolli v Cenolli. This case illustrates the importance of following your organisation’s internal procedures and highlights the significance of good record keeping.    

In this case, the Claimant was the Defendant’s daughter.  

The Defendant had been a secured tenancy for approximately 19 years. The landlord was the  Local Authority.  

In 2017 there was an application to assign the tenancy from the Defendant to the Claimant and the council told the Claimant that she was now the tenant.  

In 2019 the Defendant brought proceedings against the council for a declaration she was the tenant in the High Court. This claim was struck out. Importantly, in that case the Local Authority could not locate the deed of assignment.    

The Defendant followed by bringing a claim in the Family Court against the Claimant for an Injunction, requiring her to permit the Defendant to occupy the property. The family court lacked jurisdiction and dismissed the case.   

The Claimant then brought a claim for possession of the Property against the Defendant. The Defendant counterclaimed for a declaration that she was the tenant of the flat.   

The Court dismissed the claim for possession and gave the Defendant judgement on her counterclaim. She was still the tenant.  

This was predominately because neither the Claimant nor the Local Authority produced the Deed of Assignment.   

There was simply little evidence to suggest there had been a correctly executed and valid Deed of Assignment.   

This case reminds us that:  

• There MUST be a correctly executed Deed of Assignment to legally transfer a tenancy agreement during someone’s lifetime.  
• You MUST retain a copy of the Deed of Assignment.  
• You should ALWAYS follow your internal policy and procedure when dealing with any assignment request.  
• Detailed records should be kept of communications with tenants.  

Contact us, we are here to help

If you would like any further advice on Tenancy Assignment, please contact our specialist Housing Team at MSB.

Amy has over 15 years of experience dealing specifically with housing litigation. She completed the Bar Vocation Course in 2005 and cross-qualified as a solicitor being admitted to the roll in 2008.

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Assignment of a tenancy

Requirements and formalities for assigning a tenancy, and liability for rent arrears of old and new tenants.

What is assignment

Rights to assign, prohibition and consent, how to assign a tenancy, arrears and assignment.

Assignment is a way that a tenant can transfer their tenancy to another person.

On assignment, the assignor's legal interest in a property is passed to the assignee who takes over that interest and becomes the tenant. All the terms of the original tenancy agreement apply to both the new tenant and the landlord, including the amount of rent payable.

Where a tenant grants someone a tenancy and remains a tenant of the original landlord this won’t be an assignment. Instead a subtenancy is created, and the original tenant becomes the landlord of the new tenant.

Whether assignment is possible will depend on:

the type of tenancy

what the tenancy agreement says

whether the landlord agrees

Under section 1(1) of the Law of Property Act 1925 all tenants, including those with a long lease, have a legal estate (an interest) in land. With this comes a general right to assign that estate to another person.

For many types of tenancy this general right is modified by statutory provisions that limit when and to whom the tenancy can be assigned. This will override the general right to assign.

Joint tenancies can be assigned but are still subject to the statutory rules for that type of tenancy. [ 1 ]

A tenancy agreement can also limit when and how a tenancy can be assigned. For example, by requiring the landlords consent.

Find out more about rights to assign for:

secure, flexible and introductory tenancies

assured and assured shorthold tenancies

regulated tenancies

Licences are not a legal interest in land and cannot be assigned.

If the tenancy agreement says nothing about assignment then, subject to any statutory limitations, the tenant is free to assign.

In most cases, the tenancy agreement will only allow assignment if the landlord gives their consent (a qualified prohibition).

If the tenancy agreement states that assignment is not allowed (an absolute prohibition), the tenant can still assign but they will be in breach of the tenancy. 

Qualified prohibition

If the tenancy agreement contains a qualified prohibition stating that the tenant may not assign without the landlord's consent, then the landlord cannot ‘unreasonably withhold’ consent. [ 2 ] This is an implied term of the agreement.

Whether consent has been unreasonably withheld will depend on the facts of the case. [ 3 ]

The courts have previously held that:

the purpose of a term in a tenancy agreement prohibiting assignment without the landlord's consent is to protect landlords from having their premises occupied in an undesirable way or by an undesirable assignee. The landlord cannot refuse consent on grounds that have nothing to do with the relationship of landlord and tenant, but can refuse if the potential assignee is not, for example, financially sound [ 4 ]

it may be reasonable for a landlord to refuse consent because of the purpose for which the assignee intends to use the premises, even if that purpose is not forbidden by the original tenancy agreement [ 5 ]

although landlords need only usually consider their own interests, there may be cases where there is such a disproportion between the detriment to the landlord and the detriment to the assigning tenant that it would be unreasonable for the landlord to refuse consent. [ 6 ] An example of this might be where the property is very difficult to assign and the tenants would have great difficulty in finding another potential assignee, whereas the landlord's loss in accepting the proposed tenant is minimal

The court has held that consent was not considered to be unreasonably withheld where the tenant had arrears. [ 7 ]

For tenancies granted after 1 January 1996, a landlord has the right, in certain circumstances, to require that the tenant wishing to assign should act as the guarantor of the new assignee where it is reasonable to do so. [ 8 ]

Discrimination

The Equality Act 2010 makes it unlawful for a landlord to refuse consent on the grounds of a protected characteristic (disability, gender reassignment, pregnancy or maternity, race, sex, sexual orientation, and religion or belief). [ 9 ]

A person who has the right to dispose of premises must not unlawfully discriminate against any person on the basis of any of the above protected characteristics by: [ 10 ]

the terms on which they offer to dispose of the premises

declining to dispose of the premises, or

the way in which they treat a person seeking to move in to the premises

The right to dispose of premises includes the right to assign. [ 11 ]

Getting the landlords consent

If a tenancy is assigned without consent where the agreement requires it, this provide a ground for possession against the new tenant.

It is not possible to argue that the landlord could not have reasonably refused consent after the assignment has taken place. [ 12 ]

The Landlord and Tenant Act 1988 introduced a procedure that can be followed to obtain consent. It applies where the tenancy agreement contains a qualified prohibition against assignment. The Act only applies to applications for consent made after 29 September 1988. It does not apply to secure tenancies.

The tenant must serve a written application for consent to assign on the landlord, and the landlord must reply in writing within a reasonable time (the Act does not define what is a reasonable time), giving consent unless it is reasonable not to do so.

If consent is refused, the landlord must give the tenant reasons for the refusal. [ 13 ] If the landlord does not reply or withholds consent unreasonably, the tenant will be able to take a civil action for damages against the landlord for breach of this duty. [ 14 ] The onus of proof that any refusal of consent was reasonable is on the landlord. [ 15 ]

Tenants could also seek a declaration that the landlord is acting unreasonably where they do not want to take the risk of assigning without consent. Alternatively, the tenant could combine a claim for damages for breach of statutory duty with one for an injunction requiring the landlord to comply with their duty.

Assignment without consent or where prohibited

Where the tenancy agreement has an absolute or qualified prohibition against assignment and the tenant assigns the tenancy without the landlord's consent, the assignment will still be effective as long as it is by deed. [ 16 ]

However, the landlord may be able to bring possession proceedings against the new tenant.

In order for an assignment to be legal, it must be made by deed. A deed is a written document that has been signed and labelled as a deed and witnessed. This is necessary in order for the assignment to bind the landlord and any other party affected by the assignment but not part of the agreement to assign.

A deed is required even where the original tenancy was agreed orally. [ 17 ]

In one case, even though the tenant had undertaken in divorce proceedings to transfer the tenancy into his wife's name, the fact that there was no deed meant that an assignment was found not to have occurred. Nothing was done to transfer the tenancy into the wife's name, although she continued to live in the flat on her own and pay the rent. When she asked the managing agents to put the rent book in her name, they recovered possession of the property. [ 18 ]

The deed must give the name(s) and address of the original tenant(s) and the new tenant(s) (the address might be the same, depending on the situation). It must also give the details of the landlord. An independent person must witness the signatures of the original tenant(s) and the new tenant(s), but the same person can witness all the signatures.

The new tenants should keep the deed of assignment in to prove the assignment took place. It’s also a good idea for the outgoing tenant to have a copy in case of any disputes.

Equitable assignment

An attempt to assign a tenancy without satisfying all the formalities of a deed may still be effective as equitable assignment if the agreement to assign is evidenced in writing. [ 19 ] The equitable assignment will bind the parties who signed the written agreement and make them liable to damages for breach of contract as well as to orders for specific performance.

The new tenant is not liable for rent arrears that accrued before they took over the tenancy. [ 20 ]

An assignee is not legally liable to meet the contractual terms of the original tenant's agreement with the landlord where the liability arose before the assignment.

The original tenant is the only person who can legally be sued for any arrears existing at the time of assignment.

In practice, some local authorities require the assignee to clear any existing arrears. An Ombudsman's decision held that an agreement to clear arrears could be deemed to constitute an illegal premium, and enforceability of the agreement would be by no means certain. [ 21 ]

Arrears after assignment

For tenancies arising on or after 1 January 1996, [ 22 ] normally only the assignee can be held liable for rent due after the assignment.

The exception is where either:

there is a prohibition against assignment and the landlord's consent should have been obtained and was not

the original tenant agreed to act as a guarantor of the new assignee

Where the tenancy was created prior to 1 January 1996 (or in one of the other cases mentioned above), the landlord can take action for arrears against either the assignee or the assignor.

However, if the landlord wishes to take action against the assignor, they must notify the assignor of the arrears on a prescribed form within six months of the arrears falling due. [ 23 ] The assignor will be able to sue the assignee if they have to pay the rent arrears, as there is an implied term in all deeds of assignment that indemnifies the assignor. [ 24 ]

Last updated: 12 March 2021

Burton v Camden LBC [2000] UKHL 8.

s.19(1)(a) Landlord and Tenant Act 1927.

Braun v Westminster Anglo-Continental Investment Co Ltd [1975] 240 EG 927.

Gibbs and Houlder Bros and Co. Ltd Lease, Houlder Bros and Co. v Gibbs [1925] Ch 575, CA.

Rossi v Hestdrive Ltd [1985] 1 EGLR 50.

International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1986] Ch 513.

Greenwood Reversions Ltd v World Environment Foundation Ltd and Mehra [2008] EWCA Civ 47.

s.16 Landlord and Tenant (Covenants) Act 1995.

ss.2-8 and s.32(1) Equality Act 2010.

s.33(1) Equality Act 2010.

s.38 Equality Act 2010.

Hendry v Chartsearch Ltd, The Times, 16 September 1998 CA.

s.1(3) Landlord and Tenant Act 1988.

s.4 Landlord and Tenant Act 1988.

s.1(6)(c) Landlord and Tenant Act 1988.

See for example the assured tenancy case of Sanctuary Housing Association v Baker (1997) 30 HLR 809.

ss.52-53 Law of Property Act 1925.

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.

Ombudsman Investigation 90/B/1668, 5 December 1995, Wellingborough BC.

s.5 of the Landlord and Tenant (Covenants) Act 1995

s.77 and Parts 7, 8, and 9 of Sch.2 Law of Property Act 1925.

Assignment and succession of tenancy

Produced in partnership with morayo fagborun bennett of gatehouse chambers, introduction.

This Practice Note discusses assignment and succession of tenancy in England, with reference to the Housing Act 1985 (HA 1985), the Localism Act 2011 (LA 2011) and the Housing Act 1988 (HA 1988). It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012, a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.

As of 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes (Wales) Act 2016 (RH(W)A 2016) (subject to certain exceptions). Secure tenancies may no longer be created and existing secure tenancies will convert automatically into occupation contracts. The terms of existing and new tenancies must be considered in the context of RH(W)A 2016 in order to establish whether or not they are occupation contracts for the purposes of RH(W)A 2016 and, if so, what kind of occupation contract. Tenancies and licences which are occupation contracts must comply with the comprehensive provisions of

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Gatehouse Chambers

Morayo specialises in all areas of landlord and tenant and property law. Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals. Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance assessments. Morayo’s commercial practice covers contractual disputes in the property and employment sectors advocating in the courts and tribunals. A speciality is cases involving multiple discrimination complaints. Morayo came to the law with a background in philosophy and theology, graduating from St Hilda’s College, Oxford in 2000 with a 2:1. Her Masters in Crime, Human Rights and the International Community achieved a Distinction. She attained a commendation in the Common Professional Examination and was graded outstanding on the Bar Vocational Course in 2004.

Related legal acts:

• Housing Act 1985 (1985 c 68)
• HOUSING ACT 1988
• Housing Act 1988 (1988 c 50)
• Housing Act 1996 (1996 c 52)
• Law of Property (Miscellaneous Provisions) Act 1989 (1989 c 34)
• Law of Property Act 1925 (1925 c 20)
• Localism Act 2011 (2011 c 20)
• Matrimonial Causes Act 1973 (1973 c 18)
• Rent Act 1977 (1977 c 42)

Key definition:

Assignment definition, what does assignment mean.

An assignment is 'an immediate transfer of an existing proprietary right, vested or contingent from one party to another'. Assignments can occur by consent or by operation of law.

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