Making Changes to a Scottish Secure Tenancy
What changes can I make to my tenancy?
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You can hand over your tenancy to someone else in your household. This is called 'assignation'
You might want to do this if you want to move out or you would rather someone else was responsible for your tenancy. The person taking over the tenancy must have been living with you for at least six months. You will hand over all your rights and responsibilities to the other person. You need to fill in the
Assignation Application Form (PDF, 246 Kb). The tenancy will not be handed over until we have given permission, and the new tenant has signed an assignee consent form.
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You can ask for someone to become a joint tenant with you
When someone is being included as a joint tenant under the existing tenancy you do not need to sign a new tenancy agreement. We can refuse if you have broken any of your tenancy conditions and in certain other situations where it is reasonable to refuse. You need to fill in the
Joint Tenancy Application Form (PDF, 244 Kb). The tenancy will not be made a joint tenancy until you and the new joint tenant sign the joint tenant(s) consent form.
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A joint tenant can give up their part of the tenancy without the other tenant losing their right to the tenancy
They must let us and the other joint tenant or tenants know, in writing, four weeks before they give it up. At the same time, they must also tell any other members of the household, who are over sixteen. They continue to share the responsibilities for the tenancy until the end of the four weeks. The remaining tenant or tenants do not need to sign a new tenancy agreement.
What if I change my name?
If you change your surname, you don't need to change your agreement but you must let us know. This is usually when someone gets married. Fill in a Change of Name Notification Form (PDF, 237 Kb). We will amend your existing tenancy agreement.
What needs to happen if I want to make a change to my tenancy?
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To assign your tenancy, to add on a joint tenant or to notify us about a change of name you need to fill in the appropriate form which can be downloaded or requested from one of our offices.
Assignation Application Form (PDF, 246 Kb)
Joint Tenancy Application Form (PDF, 244 Kb)
Change of Name Notification Form (PDF, 237 Kb)
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For a joint tenant to give up their part of the tenancy they need to send us a letter.
We will check the details you have given us and your record as a tenant, including whether you pay your rent regularly. We will write back within 20 working days to tell you whether we have given permission or not. If we do not reply within 20 working days you have the right to go ahead as if we have given permission.
What will happen if my request is approved?
If we agree to the change, we will write to you and any joint tenants or other members of the household who are over 16. We will then make arrangements for the appropriate paperwork to be signed.
What will happen if my request is turned down?
If we do not give permission, we will tell you why. We will not give permission if:
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you have not given us the information we asked for;
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any extra people coming into the household would overcrowd your home;
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you have already received a 'notice of recovery of possession' warning you that you may have to leave your home, or we have already got a court order for 'recovery of possession'; or
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we have plans to carry out work to your home or building.
We can also refuse permission in certain other situations where it is reasonable to refuse. If we do not give permission and you are not happy with the decision, you should ask a senior officer to review the matter. In some cases you may also be able to appeal to the Sheriff Court.
What is a joint tenancy?
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A joint tenancy is when two or more adults are named in the tenancy agreement.
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Each tenant is jointly and individually responsible for the tenancy. This means that each tenant is responsible for the full rent being paid (not just half), and if one tenant breaks the agreement, we can hold the other responsible.
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Each tenant has equal rights.
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Each tenant can apply for Housing Benefit.
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If one tenant dies, the tenancy usually transfers to the other joint tenant. This is called succeeding to a tenancy.
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You can ask for someone living with you to become a joint tenant with you. We will not refuse without good reason.
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If a joint tenant decides to end their tenancy, the other tenant has the right to stay in the home.
Can I take over the tenancy if my partner, who is the tenant, has left the home?
Yes, if your partner agrees to sign the tenancy over to you. If you can't contact your partner to get their agreement, there may be other legal options open to you. We can give you help and advice.
What do I do if someone who is a joint tenant with me has left the home?
They are still responsible for their part of the tenancy until they have written to you and us saying that they want to give it up. If you cannot get in touch with them or they will not agree to give up their tenancy, we will need to take legal action to remove them from the tenancy. Or, you can apply to the court to have the joint tenant's name removed from the tenancy.
If I assign my home to someone else, will they have the right to hand it on again?
Yes.
If I hand over my tenancy, do I have to move out?
No but it does mean you will no longer have the same rights as when you were the tenant.
Will a change to my tenancy affect any right to buy I may have?
If you are just adding or removing a joint tenant and you have a right to buy, your right to buy will not change. If you hand over your tenancy to someone else, the conditions relating to buying the home may have changed.