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Tenancy agreements - changes and transfers

When you are allocated social housing property, Northern Ireland Housing Executive (NIHE) or housing association, you should be asked to sign a tenancy agreement before moving in. This agreement is very important and will set out much of the detail of what the landlord and tenant agree to do while the tenancy is in operation.

The tenancy agreement

The tenancy agreement should outline many of the social landlord's obligations to tenants such as carrying out repairs. It should also outline many of the tenant's obligations to the landlord, such as the need to pay rent, and not to cause nuisance, harassment, or damage. In addition, it should set out other conditions relating to the tenancy, such as the rules on keeping pets.

If tenants break the conditions of their agreement, or allow others to do so, the social landlord may take action against them. As a last resort, the landlord may seek to obtain an order for possession of the property from the court. If a possession order is granted, this could lead to a tenant being evicted from the property.

Joint tenancy

You may want to share the responsibilities of your tenancy with someone who lives with you. However, you should think carefully before having a joint tenancy because each joint tenant is jointly responsible for all of a tenant's obligations under the tenancy agreement, for example, joint tenants are jointly responsible for the rent, and so if one tenant leaves, the remaining tenant will be responsible for any outstanding rent.

If you are sure that you would like to have a joint tenancy, you should apply to your landlord for permission to change your tenancy. The landlord will consider your application and will let you know whether it agrees to grant a joint tenancy.

Alternatively, if you and another person are already joint tenants, it may be that you both agree that only one of you should be the tenant. For example, this may happen when a relationship comes to an end and one partner agrees to move out of the family home. In this case, you should inform the landlord that you want to make this change. Both joint tenants will need to confirm in writing that they agree to the change.

Transferring your tenancy

If you are leaving to live somewhere else, you may want to transfer your tenancy to your partner or a member of your family who has lived with you continuously for at least one year. Such a transfer is known as an assignment. In this case, you should apply to your landlord association to assign your tenancy. They will consider your application and give you their decision within an agreed period.

However, it is unlikely that the landlord will be able to agree to you assigning your tenancy if you yourself had been assigned the tenancy by the previous tenant.

Taking over a tenancy

A person has the right to take over a tenancy (known as ''to succeed to a tenancy'') when the tenant dies if he or she is either the tenant's spouse, civil partner or another family member and has been living with the tenant in that house continuously for at least twelve months. However, by law, there may only be one succession to a tenancy.

Therefore, if the tenant who has died had already succeeded to the tenancy, the landlord would be unable to grant a further succession. Nevertheless, this does not prevent a landlord from granting a completely new tenancy if they choose to do so.

Where a tenant has a joint tenancy with his or her spouse or civil partner, he or she will become the sole tenant on the death of his or her spouse or civil partner. This is known as survivorship and is regarded as a succession. Therefore, no-one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. Again, this does not prevent a landlord from granting a new tenancy if it chooses to do so.

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