Assignment and succession of tenancy

Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers and Daryl Bigwood of Cobb Warren

Practice notes

Assignment and succession of tenancy

Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers and Daryl Bigwood of Cobb Warren

Practice notes

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

Morayo Fagborun Bennett

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.

Daryl Bigwood

Senior Associate, Cobb Warren

Daryl Bigwood is a Senior Associate at Cobb Warren. Cobb Warren are a boutique firm, based in Bristol, specialising in housing management for social landlords.

Prior to joining Cobb Warren, Daryl was the Principal Solicitor for Litigation at Swindon Borough Council. In this role he oversaw the Council’s non-social care litigation including anti-social behaviour, housing, criminal prosecutions, public law and judicial review, and employment.

Daryl also advised on the Council’s regulatory functions (such as health & safety, licensing, trading standards, and environmental health).

Daryl’s specific interest is in anti-social behaviour and proceedings under the Anti-social Behaviour, Crime and Policing Act 2014.

Daryl has appeared before the County Court (both on appeal and at first instance), the Court of Protection, the Family Court, the Magistrates’ Court, the Coroners Court, the Employment Tribunal, and the First-tier Tribunal (Property Chamber).

Daryl has had conduct of cases in the High Court and the Court of Appeal.

Daryl obtained permission to appeal, and permission to assign the appeal from the County Court to Court of Appeal, in the case of Swindon Borough Council v Abrook [2024] EWCA Civ 221.

In the unreported County Court case of Swindon Borough Council v Douglas Wood, Daryl’s argument that the Council was a ‘person’ for the purposes of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and that a refusal to permit a landlord access to undertake gas safety inspections could amount to anti-social behaviour under said Act.

Jurisdiction(s):

United Kingdom

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.

��Ƶ