Making changes to your tenancy
You must tell us who is living in your home, including when someone moves in or out. This can affect whether you can make changes to your tenancy in the future.
When you need our written permission
You must get our written permission before you:
- take in a lodger;
- add a joint tenant;
- sub-let all or part of your home;
- assign your tenancy to someone else; or
- carry out a mutual exchange;
How to apply
To apply, you must tell us in writing what change you want to make. You should include:
- who the change involves, such as the person you want to take in, assign to, sub-let to or exchange with;
- the address involved, where relevant;
- any rent, deposit or other payments you propose to charge; and
We have application forms for these requests:
How long someone must have lived in your home
For some tenancy changes, the person involved must have lived in your home as their only or main home for at least 12 months before you can apply.
This usually applies if you want to:
- add someone as a joint tenant;
- sub-let all or part of your home; or
- assign your tenancy to someone else; or
The 12-month period usually starts from the date we are told that the person is living in your home as their only or main home. This means it is important to tell us as soon as someone moves in.
When we may refuse permission
We will not refuse permission without good reason. However, we may refuse a request if:
- we have served a notice warning that we may seek eviction because of your conduct;
- we have obtained an eviction order;
- the proposed change would lead to overcrowding;
- you propose to charge an unreasonable rent, deposit or payment;
- we need to carry out work to your home or building that would affect the request;
- we have not been told that the relevant person is living in the property as their only or main home; or
- the relevant person has not lived in the property for the required period.
Assigning your tenancy
Assignation means passing your tenancy to someone else. We may refuse permission if the person would not be given reasonable preference under our allocations policy, or if the home would be under-occupied as a result.
If we give permission, you must not increase the rent or other payments made to you by the other person unless we also agree to this.
Mutual exchanges
A mutual exchange is when you swap homes with another tenant in order to meet housing needs or aspirations. This could be in terms of property location, property size or property type. The other tenant must have a Scottish Secure Tenancy or Short Scottish Secure Tenancy, and both landlords must agree to the exchange.
We will not refuse a mutual exchange without good reason. We may refuse if:
- we have served a notice warning that we may seek eviction because of your conduct;
- we have obtained an eviction order;
- your home was provided because of your employment with us;
- your home was designed or adapted for special needs and no one moving in would need those adaptations;
- the other home is much larger than your household needs, or is not suitable for your household; or
- the exchange would lead to overcrowding.
If we refuse your request
If we refuse permission, we will write to you within one month of receiving your application and explain the reasons. If you are unhappy with our decision, you have the right to apply to the Sheriff.
Succession: What happens to your tenancy if you die?
This section outlines who may be able to take over your tenancy if you die. This is known as succession.
Why it is important to tell us who lives in your home
You must tell us if anyone moves into or out of your home. This is important because it can affect whether someone may be able to take over the tenancy in the future.
- The time someone has lived in your home usually only counts from the date we are told they are living there as their only or main home.
- We can be told by you, a joint tenant, or the person who may want to take over the tenancy.
Who can take over the tenancy?
The law sets out different levels of people who may qualify to inherit the tenancy. If more than one person qualifies at the same level, they should agree who will take over. If they cannot agree, we will decide.
Level 1: Partner or joint tenant
The tenancy may pass to your spouse, civil partner, co-habitee or joint tenant if the property was their only or main home when you died.
A co-habitee must also have lived in the property as their only or main home for at least 6 months immediately before your death.
Level 2: Family member
If no one qualifies at Level 1, or they do not want the tenancy, it may pass to a family member if they:
- are aged 16 or over at the date of death;
- were living in the property as their only or main home at the date of death; and
- had lived there as their only or main home for at least 6 months immediately before your death.
Level 3: Carer
If no one qualifies at Level 1 or Level 2, or they do not want the tenancy, it may pass to a carer if they:
- are aged 16 or over at the date of death;
- were living in the property as their only or main home at the date of death;
- gave up another only or main home before the tenant died;
- provided care for the tenant or a member of the tenant’s family; and
- had lived in the property as their only or main home for at least 6 months immediately before the tenant’s death.
Homes adapted for special needs
If the home was designed or specially adapted for someone with particular needs, a family member or carer will only qualify to take over the tenancy if they also need that type of accommodation.
If someone would have qualified but does not need the adapted property, we will offer other suitable accommodation where possible.
If someone does not want the tenancy
If someone qualifies to take over the tenancy but does not want it, they should tell us in writing within 4 weeks of the death. They should leave the property within 6 months. Rent will only be charged for the time they live in the property.
How many times can a tenancy be inherited?
A tenancy can normally only be inherited twice. If it has already been inherited twice, the tenancy will usually end after the third death, unless there is a surviving joint tenant whose tenancy continues.
It is really important to keep us updated on who is living in the property as it can affect your rights to change the tenancy if you wish to do so.
Please contact your Housing Officer if you’d like more information on making a change to your tenancy.
