assignment of council tenancy

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• Housing and local services
• Council housing and housing associations

Council housing

Types of tenancy.

Your tenancy agreement is a legal document and tells you all the rules about living in your property.

Different council tenants have different tenancies. These give you different rights and responsibilities.

Introductory tenancy

New council tenants may be offered an introductory tenancy. These usually last 12 months and are like a ‘trial’ period.

You automatically become a secure or flexible tenant after 12 months, unless your council has either:

• started action to evict you
• extended your introductory tenancy for a further 6 months

There are limits to what you can do with an introductory tenancy, for example you cannot:

• make major improvements to the property
• swap your property with another council tenant
• apply to buy your property through the Right to Buy scheme

Secure tenancy

As a secure tenant, you can normally live in the property for the rest of your life, as long as you do not break the conditions of the tenancy.

• rent out rooms - but you cannot sub-let the whole property
• buy your property through the Right to Buy scheme
• swap your home with another council or housing association tenant - with your council’s permission
• transfer your tenancy to someone else in some circumstances
• make improvements to your home - you’ll need permission from your council for some types of work

Scottish secure tenancy

You’ll usually have a Scottish secure tenancy if you rent your home from the council, a housing association or housing co-operative in Scotland.

Flexible tenancy

As a flexible tenant, you have tenancy for a fixed period. This is usually for at least 5 years, though in some cases it may be between 2 and 5 years.

At the end of the fixed period the council may decide to:

• offer you another fixed-term tenancy
• offer you a secure tenancy
• not renew your tenancy

They must explain their reasons if they decide not to renew your tenancy and give you a chance to challenge the decision.

As a flexible tenant you can:

Joint tenancy

Under a joint tenancy, all the tenants share equal responsibility.

You can apply for a joint tenancy at any time if you’re married or in a registered civil partnership. You must usually have lived together at the property for at least 12 months if you’re a cohabiting couple or related (like brother and sister).

Transferring your tenancy

Secure and flexible tenants may be able to transfer a tenancy to someone else, or, in some circumstances, pass on a tenancy to someone when they die.

Secure tenancies granted before 1 April 2012 can be transferred or passed on only once. For example, if you take over a tenancy when someone dies, you cannot pass on the tenancy to someone else when you die.

Some secure and flexible tenancies granted from 1 April 2012 may mean you can transfer or pass on your tenancy more than once - check your tenancy agreement.

To transfer a tenancy, complete a ‘request to assign tenancy’ form, available from your local council’s housing department .

Ending your tenancy

Your tenancy can only be ended if:

• you give the council 4 weeks’ notice in writing
• the council evicts you
• the council needs to move you, for example to redevelop the property - it should offer you a new property and a new tenancy with no less security

Secure tenancies can also end if:

• the council needs to move you, for example to redevelop your property – it should offer you a new property and a new secure tenancy
• you transfer your tenancy to someone else or swap homes

Ending joint tenancies

If only one of you wants to end the tenancy and the other joint tenant(s) wants to stay in the property, your council may:

• give the remaining tenant(s) a new tenancy at the same property
• not give them a new tenancy, for example because the property could be offered to another couple or family

If one joint tenant dies, the tenancy continues for the surviving tenant(s).

If you and your partner divorce or your relationship breaks down and you cannot agree on who gets the tenancy, a court can decide this.

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Search Housing Rights

Changing your tenancy.

You might want to make changes to your social tenancy, such as adding someone to your tenancy or passing it on to a family member.  

For most changes, you must get your landlord’s permission beforehand.  

On this page

• Swapping homes
• Buying your home
• Repairs for social tenants

Passing on your tenancy

Assigning your tenancy to someone else, succeeding a tenancy after the tenant has died, landlord refuses to let tenancy be passed on, paying rent when you’re not a tenant, adding someone to your social tenancy, video: how to add someone to your social tenancy.

• Ending your social tenancy
• Social tenants' rights and responsibilities

Over time you might want to make changes to your social tenancy. This could include adding someone to your tenancy or passing it on to a family member.  

Some social tenants can pass on their tenancies to another person. This means you are no longer the tenant and the person who ‘inherits’ the tenancy becomes the tenant.  

There are two ways you can pass on your tenancy: 

• assignment is when you pass your tenancy on to someone while you’re alive 
• succession is when your tenancy passes on to someone after you die 

Social tenants have a legal right to assignment and succession. But to pass on your tenancy, you must meet certain conditions and follow the proper process. 

Passing on your tenancy can be complicated. Speak to our advisers if you’re unsure if you can do this or if your landlord has refused your request. 

You may want to assign your tenancy if you: 

• left the property and someone else moved in to care for your children  
• split up with your partner and want to change the tenancy into your name only 

To assign a tenancy to a former partner as part of divorce or separation proceedings, you’ll need to speak to a solicitor.  

Swapping your tenancy is also a form of assignment. You must have your landlord’s permission before you swap your tenancy with someone else. 

Assigning a tenancy because of health and care needs 

You might want to assign your tenancy if you: 

• cannot continue with the tenancy due to serious ill health, or 
• have to move into residential care, sheltered or supported housing, and 
• someone who has been living with you wants to stay in the property 

You still must meet certain conditions.  

Speak to our advisers if you want to know more about assigning your tenancy.  

You may be able to take on a tenancy after a tenant dies. This is known as succession and it can usually only happen once.

You could take on a tenancy if you are: 

• the tenant's spouse or civil partner and you lived at the property, or  
• the tenant's relative and you lived at the property with the tenant for at least one year, or  
• a person who has moved in to care for the tenant's dependent children, or  
• a person who gave up their own tenancy to care for the tenant at the address 

You don’t have an automatic right to live in the property if the tenant has died. Speak to our advisers if you think you have a right to inherit the tenancy of the property you’re living in.  

You can only pass on a tenancy under certain circumstances. If your landlord refuses your request to assign or succeed to the tenancy, you can ask for a review of this decision.  

Housing Executive tenants have seven days to ask for this review.  

Get advice as quickly as possible if your landlord refuses your request to pass on the tenancy. Speak to our advisers to see if Housing Rights can help you challenge the decision.  

Private tenants generally don’t have the right to pass on a tenancy unless they have a protected tenancy .  

Paying rent to a landlord is a basic responsibility for all tenants. But if the tenant’s situation changes, you may be responsible for paying rent on another tenant’s behalf. 

This can happen if you’re living in the property and: 

• the tenant moves away or dies 
• the tenancy officially ends, or 
• the tenant is in custody 

Even though you’re not an official tenant, you may be responsible for paying rent. If you’re in this situation, talk to the landlord and make a plan to pay rent and avoid getting into arrears. 

If you get Universal Credit or Housing Benefit, you’ll need to prove you’re responsible for paying rent while the tenant isn’t living in the property.  

Waiting for a decision on assignment or succession

Make arrangements to pay the landlord if you are living in a property while waiting to find out if the tenancy can pass on to you. 

You must continue to pay rent while you’re waiting for the landlord to either: 

• make a decision on your assignment or succession request or 
• review a decision if they have refused assignment or succession 

The landlord should confirm in writing that you’re responsible for payment until they make a final decision about whether the tenancy can pass on to you.  

When a court grants a possession order

A possession order officially ends a tenancy and the tenant becomes an occupier.  

As an occupier, you must still make payments to the landlord until you leave the property. This payment is sometimes called ‘use and occupation charges’.  

You can get Universal Credit or Housing Benefit to help with these charges.  

Looking after a tenancy while the tenant is in prison

If you live with someone who has gone into prison, you might be able to get help to pay rent while they’re in custody. A tenant in custody for a longer period may not qualify for this support.  

The tenant must ask their landlord to let you look after the tenancy as a ‘nominated occupant’. You can only be a nominated occupant if you were living in the property with the tenant before they went into custody.  

If the landlord allows you to be a nominated occupant, you will not have the same rights as a tenant, but you: 

• are responsible for paying rent 
• can apply Universal Credit or Housing Benefit to help with rent 

You do not have to add people who live with you to your tenancy. But if someone else is living with you, you should tell your landlord. You should also tell Universal Credit or Housing Benefit.  

If you want to add someone as a joint tenant: 

• you need your landlord’s permission, and 
• your landlord can refuse  

Making someone a joint tenant 

You can ask your landlord to add someone as a joint tenant if they:  

• are your husband, wife or civil partner, or 
• could inherit your tenancy when you die, or 
• lived with you when you first moved into your home, or
• have been living with you as part of your household for at least a year 

Your landlord might ask for proof that the person has been living with you. You can use utility bills, bank statements and official letters to prove this.  

Your landlord could refuse to add a joint tenant if they have evidence that you plan to move out soon. Speak to an adviser if your landlord refuses to let you add someone to your tenancy. 

Video transcript

Let’s talk about how to add someone to your tenancy when you’re renting from a housing association or the Housing Executive. If someone is living with you, you don't have to add them to your tenancy. But you should let your landlord know they’re there.  

Adding someone to your tenancy means you both become joint tenants. It’s not the same as passing your tenancy on to someone else. You need permission from your landlord to add someone as a joint tenant. 

You can add someone as a joint tenant if:  

• they're your husband, wife or civil partner, or 
• they've been living with you as part of your household for at least a year, or 
• they lived with you when you first moved into your home 

Your landlord might ask for proof that the person has been living with you. You can use utility bills, bank statements or official letters to help prove this. Your landlord could refuse if they have proof you plan to move out soon. Contact us if your landlord doesn’t let you add someone to your tenancy. 

Adding someone to your tenancy can impact your benefits. You must let Universal Credit or Housing Benefit know as the amount of help you with rent could change. 

Contact Housing Rights if you have questions about adding someone to your social tenancy. You can call, email or chat to an adviser online.  

Changes to benefits if you create a joint tenancy 

Your benefits can change if you add someone to your tenancy. The other joint tenant will also be responsible for paying some of the rent.  

Universal Credit and Housing Benefit can refuse to help with your rent if they think you’ve changed your tenancy so that you can: 

• claim benefits that you couldn’t before, or 
• claim extra benefits to help with rent 

Get advice if you changed your tenancy and need help to pay rent.  

Ending a joint tenancy 

Joint tenants have equal rights to a property. If you want to remove someone from a joint tenancy, make sure you follow the right process to end your joint tenancy . 

Other options for changing your tenancy 

You can apply for a transfer if your property no longer meets your needs. Or you can find another social tenant who is willing to swap or exchange tenancies.  

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Passing on a tenancy

Use this guide to help you when passing on your tenancy.

Assign your tenancy to someone else

You can assign your tenancy to someone who is already qualified to succeed the tenancy if you were to die.

Who can use this service?

This form is for Lambeth Housing tenants only.

If you’re a Lambeth Housing tenant, you can assign your tenancy to your husband, wife or civil partner if they live with you.

You can also assign your tenancy to one of your children (including step and adoptive children) or to an unmarried partner if they’ve lived with you continuously for the last 12 months.

Other family members

If your tenancy was created before 1 April 2012, you can also assign it to the following family members:

• grandparents
• grandchildren
• brothers and sisters
• uncles and aunts
• nieces and nephews
• step relations
• half relations.

Family members must have been living in the same property as the tenant for at least 12 months before the tenant's death.

What you need to know...

Before you apply.

A tenancy can’t be assigned to someone else if:

• you inherited it
• it was assigned to you from another tenant
• it’s a joint tenancy.

If you haven't already done so, please read the assignment section  for information on when we wouldn't grant an assignment and things for you to consider before you apply.

When you apply

To assign your tenancy to someone else, you'll need to do two things:

• fill in an online form to tell us of your intent to give away your tenancy
• visit your local area housing office with the required evidence.

Evidence required

When you go to your area housing office, you'll need to bring with you evidence to prove the assignee’s:

• identification (ID)
• connection to you
• residency at your home.

You'll also need to provide a passport-style photo of the assignee. This can be uploaded to your form and taken with a smartphone or digital camera.

If the assignee is your child, unmarried partner or other family member, they must provide as many of the relevant documents below. Not doing so will delay the assessment of your application.

Proof of ID

This can be a valid passport or driver's licence.

Proof of connection to the deceased tenant

The following documents can be used as evidence:

• full birth and adoption certificates
• marriage and civil partnership certificates
• documents addressed to you and your partner.

If the assignee is a family member, you’ll need to provide the birth certificate of the other family members that connects them to you if there are any.

For example, if the assignee is your grandchild, you'll need to provide the birth certificates for them and their parent that is your child.

Proof of address

The following documents can be used as evidence to show the assignee lives with you:

• utility bills in their name (mobile phone bills won't be accepted)
• payslips and a P60
• GP and hospital letters
• an NHS medical card
• a current council tax bill showing the full amount is being paid
• benefit entitlement letter
• an electoral registration letter, canvas form or polling card, dated in the last year.

For husbands, wives and civil partners, you only need to provide evidence showing they currently live at the property.

For all other family members, you’ll need to show they have lived with you for the last 12 months.

You'll only need to provide six copies of utility bills and payslips to cover the 12-month period.

For example, if the 12-month period is from March 2017 to February 2018, you should provide your payslips for March 2017 and February 2018 and four months in between.

Do it online

Fill in the tenancy assignment form

A decision will be given in writing and we hold the right to run each application for assignment by a senior officer.

Decisions will be based on the information and evidence provided by the person making the request and any investigations we make.

If further time is needed for investigations to take place, a target timescale will be set, and we’ll let you know what this is.

The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment.

Further details of how your information will be used by us and fraud prevention agencies, as well as your data protection rights, can be found by visiting the CIFAS website .

• Assignment of tenancy

In certain limited circumstances a secure or flexible tenant can pass on their tenancy to another member of their household during their lifetime. This is known as assignment.

How can I pass my tenancy on to someone else? Toggle accordion

You can only do this in the following circumstances:

• If you find another tenant to swap homes with.  This is known as mutual exchange. A move cannot take place without our permission.    To find out more information please check our  Mutual Exchange page.  If you would like to apply for a Mutual Exchange, you will need to submit your application on HomeSwapper
• By an order from the court following relationship breakdown or orders relating to children.
• With our permission by completing an assignment application, you can transfer your tenancy to someone who would have succeeded in the event of your death. We will not give permission where it would result in under occupation.

If approved the tenant assigning their tenancy will no longer have any rights or responsibilities regarding the property, so serious consideration should be given to any future consequences prior to making an application

You can download an application form below -

• Assignment Application Form ( docx - 189.20 KB )

Decision Toggle accordion

We aim to process all assignment applications within 21 days and we will write to you and inform you of the decision.

If your application is approved both the assignor and the assignee (person taking over the tenancy) will be invited in to the Council offices to sign a Deed of Assignment.

If your application is refused and you wish to challenge the decision, we will refer your case to the Housing Review Panel.

You can also seek independent legal advice through a solicitor,  Citizens Advice  or  Shelter .

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• Council tenant services
• Your tenancy

Assigning a tenancy

Assignment is the legal term used when a tenant passes on their secure tenancy to another eligible person or "assignee". You can only assign your tenancy with the approval of Islington Council.

What is tenancy assignment?

You must get our approval and comply with a number of rules before we agree to an assignment. The rules are laid down in law and council policy.

• You must be the original tenant. If you took over your tenancy because the previous tenant died or if the previous tenant gave their tenancy to you it is likely you will not be able to pass on the tenancy again.
• Grandparent
• Half brother
• Half sister
• Foster child
• Both you and the assignee must be living at your tenancy address and it must be your only or main home. Unless the assignee is a joint tenant, your husband/wife or civil partner they must be able to prove they have been living with you at your home for at least the past 12 months.
• You can only pass your tenancy to one person.

Applying to assign your tenancy

You will need to supply the following documents to us:

• Completed Application to Assign a Tenancy form and Form of Authority/Consent.
• Proof of your and the assignee’s identity (e.g. birth certificate, current passport etc.)
• Proof of the assignee’s relationship with you (e.g. birth and/or marriage certificates proving they are your partner or mother or niece etc.)
• Proof that you and the assignee live in your home now.
• Unless the assignee is the joint tenant, your husband/wife or civil partner then they have to show they have been living with you for 12 months by providing at least five separate and different items of official paperwork (e.g. benefit paperwork, bank statements, utility bills etc.)

If we approve your assignment, we will write to you and the assignee asking you both to attend an appointment to formally pass the tenancy from you to the assignee. The date your tenancy is passed to the assignee will normally be the Monday following this appointment and the assignee will become liable for the rent and all other tenancy conditions from this date.

Reasons we may not approve your tenancy assignment

There are a number of reasons why we may not allow you to pass your tenancy to another person:

• You received your tenancy when the previous tenant died or if they passed it on to you.
• If you have a court order against you then you may have lost the right to pass on your tenancy to someone else, in addition to other tenancy rights.
• If you have caused anti-social behaviour or harassment we might be in a position to refuse your request.
• If you are currently in the process of buying your home or moving to another Islington Council property or if you have been nominated by Islington to another landlord for housing or if you are in the process of doing a mutual exchange with another tenant.

I have rent arrears – can I still apply to assign my tenancy?

We will ask you to clear your rent account.  If you are not able to clear your arrears we will only allow you to pass on your tenancy if you make an agreement, acceptable to Islington Council, to clear your debt by instalments.  Alternatively, the assignee can agree to take responsibility for the arrears. 

What happens if I leave someone in my home and I move out?

If you leave your home and have no intention to return, the security of your tenancy is lost. If you give your keys to someone else, even if that person may have been entitled to take on the tenancy, Islington Council will consider them to be an unauthorised occupier and will take legal action to evict the person and take back possession of the property.  While the person remains in the property until we receive the keys we will charge them for its use and

How can I apply to assign my tenancy?

To apply to Islington Council to consider your tenancy assignment, you should speak to your Tenancy Management Advisor by contacting your area housing office.

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• For residents
• Council tenants and leaseholders
• Make changes to your tenancy
• Assign your tenancy

Assign your tenancy to someone else

You can apply to give your tenancy to your partner or another person that you live with so they can keep the tenancy if you move out or die. This is called assigning your tenancy to someone.

What to think about before you apply

Why we wouldn't approve your application.

• you have a joint tenancy: joint tenancies can't be assigned under law
• the person you want to assign to doesn't have the right to succeed to the tenancy if you were to die
• you don't live with the person you want to assign your tenancy to or you're not married or in a civil partnership with them
• your home is too big for the person you want to give the tenancy to
• you don't make arrangements to pay any debts you owe us
• we think you're being forced to apply against your will
• you have not provided the requested supporting information

How to apply

What happens after you apply, elsewhere on the web.

• Exchange your home
• Joint tenancies
• End your council property tenancy
• Apply for a transfer
• Tell us that a tenant has died
• Inheriting a tenancy
• Right to buy
• Domestic abuse and violence support

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Understanding your tenancy agreement

The tenancy agreement is a contract between you and your landlord. It may be written or verbal. The tenancy agreement gives certain rights to both you and your landlord. For example, your right to occupy the accommodation and your landlord’s right to receive rent for letting the accommodation.

You and your landlord may have made arrangements about the tenancy, and these will be part of the tenancy agreement as long as they do not conflict with law. Both you and your landlord have rights and responsibilities given by law. The tenancy agreement can give both you and your landlord more than your statutory rights, but can't give you less than your statutory rights. If a term in the tenancy agreement gives either you or your landlord less than your statutory rights, that term cannot be enforced.

A tenancy agreement can be made up of: 

• express terms - these include what is in the written tenancy agreement (if there is one), in the rent book, and what was agreed verbally
• implied terms - these are rights given by law or arrangements established by custom and practice, they don’t need to be written in your tenancy agreement

Express terms of tenancy agreements

Written tenancy agreements.

Most tenants do not have a right in law to a written tenancy agreement. However, social housing landlords such as local authorities and housing associations will normally give you a written tenancy agreement.

If you are visually impaired, the tenancy agreement must be written in a format you can use - for example, in large print or Braille. You can find samples of written tenancy agreements online. Find out more about asking your landlord to make changes to help with your disability .

Your agreement might say you have a certain type of tenancy - but the type of tenancy you actually have might be different.

The tenancy you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who doesn’t live with you and you’ve agreed a 6 month tenancy, you’re likely to have an assured shorthold tenancy. This will be the case even if your agreement says something else. You can  check what type of tenancy you have .

The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement.

It’s good practice for a written tenancy agreement to include the following details:

• your name and your landlord’s name and the address of the property which is being let
• the date the tenancy began
• details of whether other people are allowed the use of the property and, if so, which rooms
• the duration of the tenancy - if it’s a fixed term tenancy, this means the date when the fixed term ends
• the amount of rent payable, how often and when it should be paid and how often and when it can be increased
• what the rent includes - for example, council tax or fuel
• whether your landlord will provide any services - for example, laundry, maintenance of common parts or meals and whether there are service charges for these
• the notice period you and your landlord need to give to end the tenancy - there are statutory rules about how much notice to give and this will depend on the type of tenancy and why it's ending

The agreement may also contain details of your landlord’s obligations to repair the property. Your landlord’s obligations to repair will depend on the type of tenancy. Check your tenancy agreement - it might give you more rights than your basic rights under the law.

For more information on your landlord’s obligations to repair, see our advice on  getting repairs done if you're renting .

If you are experiencing problems with repairs you can talk to an adviser . 

Verbal tenancy agreements

A tenancy agreement exists even if there is only a verbal agreement between you and your landlord. For example, you and your landlord may have agreed at the start of the tenancy:

• how much the rent would be and when it's payable
• whether the rent includes utilities
• whether there are any restrictions on other people living in the accommodation with you

It’s harder to prove what was agreed if it isn’t in writing. This is because there’s often no proof of what has been agreed, or a particular problem may have arisen which the agreement did not cover. You might also be able to prove what was agreed in other ways - for example, with emails or text messages.

If you’re thinking of disputing or are trying to enforce a verbal agreement with your tenant or landlord, you can talk to an adviser .

Implied terms of tenancy agreements

There are obligations you and your landlord have which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they haven't been specifically agreed between your landlord and you.

Some of the most common implied terms are:

• your landlord must carry out basic repairs - for example, repairs on the structure of the property, and keeping the installations for the supply of water, gas, electricity, sanitation, space heating and heating water in working order
• you have the right to live peacefully in the accommodation without nuisance from your landlord
• you have an obligation to use your home in a 'tenant-like' way - for example, by not causing damage and by using any fixtures and fittings properly
• you have an obligation to provide access for any repair work that needs to be done

Rights given by law will vary according to the type of tenancy.

Your landlord might also have a legal responsibility to make sure your home is fit to live in - this is known as being ‘fit for human habitation’. 

Find out more about your landlord’s responsibilities if you’re a private tenant

Find out more about your landlord’s responsibilities if you’re a social housing tenant

What information and documents must the tenant receive

Your landlord can only charge you rent if they’ve given you their name and address - it doesn’t matter whether or not you have a written tenancy agreement.

Your landlord has to give you an address that’s in England or Wales - if their main address is in another country, they should give you a second address that’s in England or Wales.

You’ll need to use your landlord’s address in England or Wales when you send any official paperwork or formal letters, including your notice if you want to end the tenancy.

If you don't pay your rent while waiting to get your landlord’s contact details, you'll still need to pay the backdated rent when you get them.

If you don’t have your landlord’s details, you can make a written request to the person who receives the rent for the full name and address of your landlord. They must supply you with this information in writing within 21 days - if they don’t do this they’re committing an offence and the council can take them to court.

Before or at the start of your tenancy, your landlord must also give you:

• a gas safety certificate
• an energy performance certificate - unless you live in some types of shared home

If you have an assured shorthold tenancy

If the tenancy was created on or after 28 February 1997, your landlord must provide basic written terms of the agreement within 28 days of you requesting this in writing. The council can take them to court if they don’t do this.

Your landlord should give you a copy of the government’s ‘How to rent’ guide - though they don’t have to do this if you’re renting from a housing association. You can see the ‘How to rent’ guide on GOV.UK.

If you’ve paid a deposit, your landlord should give you some information about it within 30 days. They have to include how much deposit you’ve paid and details about how it’s protected, including a leaflet about the protection scheme.

They also have to explain:

• any reasons why they would keep some or all of your deposit
• how you can apply to get your deposit back when your tenancy ends
• what you can do if there’s a problem with your deposit

You can check if your landlord has to protect your deposit , including what happens if they haven’t protected your deposit when they should have.

If you have a weekly tenancy

Your landlord must provide a rent book or similar document - your landlord commits a criminal offence if they don’t.

If your landlord changes

Your new landlord must give you their name and address in writing when they take over the property. The date they have to give you their address by depends on how often you pay rent.

If you pay your rent either monthly or every 2 months, your new landlord must give you their address within 2 months of taking over the property.

If you pay rent less often, like every 3 months, your new landlord must give you their name and address either:

• within 2 months
• before your next payment is due - if your next payment is more than 2 months away

If your new landlord doesn’t give you their new address when they should, the council can take them to court.

Sham tenancy agreements

The rights laid down by law always override those which are stated in a written or oral agreement. An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement.

What an agreement states and what the tenancy actually is may be different. For example, your landlord may claim that the agreement is not a tenancy agreement but a ‘licence to occupy’.

You may also have signed an agreement stating that the property was granted under a licence to occupy. This is not enough to make the agreement a licence.

Paying fees to a landlord

Your tenancy agreement must only include charges for certain things if you:

are a private tenant

have an assured shorthold tenancy, a tenancy of student accommodation or a licence to occupy - check what type of tenancy you have if you’re not sure

If this applies to you, your landlord can only charge you for:

• bills for utilities, phone, broadband and TV
• a tenancy deposit
• a holding deposit
• replacing your key
• paying your rent 14 days late or more
• changing the tenancy (only if you asked for the change)
• ending the tenancy early
• council tax
• a TV licence
• the cost of repairs if you damage the property

If your landlord includes any other fees, it might be illegal. Ask your landlord to return the illegal fees. If they don't you can report your landlord to Trading Standards .

If your landlord still won't return the illegal fees you can take them to a First-tier tribunal. You can find out about First-tier tribunals on GOV.UK .

There are rules about how much a landlord can charge for a deposit - find out how much it costs to rent . 

Changing the tenancy agreement

A tenancy agreement can normally only be changed if both you and your landlord agree. If you both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.

Your landlord might charge a fee for changing your tenancy agreement. They can only charge you if you asked for the change. If your landlord charges you for a change you didn’t ask for, you can ask for the money back or  report them to Trading Standards . 

If they don’t give the money back, you might be able to take further action - talk to an adviser . 

A verbal agreement can also be changed. The change will usually be verbal too. In the case of a dispute, evidence of the change can be provided if:

• they have written proof of the change - for example, an email or text message
• there were witnesses to the new agreement
• both parties have acted on the change - for example, by paying and accepting a new rent

If you’re disabled, your landlord might have to change the tenancy agreement if a term of the agreement means you’d be worse off than someone without your disability.

Find out more about asking your landlord for changes to help with your disability . 

Ending a tenancy agreement

Your, or your landlord’s, right to end a tenancy agreement and your right to stay and be protected from eviction will depend on the type of tenancy you have.

If you live in private sector housing

You can  read more about eviction if you live in private sector housing .

You can  find out how to end your tenancy if you rent from a private landlord .

If you live in social housing

You can  check what to do if you live in social housing and have been sent an eviction notice .

If you rent from a housing authority or council and want to end your tenancy,  talk to an adviser .

Is the tenancy agreement ‘unfair’

The tenancy agreement is a form of consumer contract and as such it must be in plain language which is clear and easy to understand. It must not contain any terms which could be ‘unfair’.

This means, for example, that the tenancy agreement must not put either you or your landlord in a disadvantageous position, enable one party to change terms unilaterally without a valid reason or irrevocably bind you to terms with which you have had no time to become familiar. An unfair term is not valid in law and can't be enforced.

If you think your tenancy agreement may contain unfair terms you can talk to an adviser .

Discrimination in tenancy agreements

Your landlord must not discriminate against you because of your disability, gender reassignment, pregnancy or maternity, race, religion or belief, sex or sexual orientation. These are called ‘protected characteristics’.

This means they might be breaking the law if they:

• rent a property to you on worse terms than other tenants
• treat you differently from other tenants in the way you are allowed to use facilities such as a laundry or a garden
• evict or harass you because of a protected characteristic
• refuse to make reasonable changes to a term in the tenancy agreement which would allow a disabled person to live there.

If your landlord has broken the law, you might be able to take action against them - check if your problem is discrimination .

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What is the liability of an outgoing tenant under an 'old' lease following assignment? Is a landlord obliged to pursue the current tenant for any arrears before pursuing a former tenant or guarantor to a former tenant?

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Related legal acts:

• Land Registration Act 2002 (2002 c 9)
• Landlord and Tenant (Covenants) Act 1995 (1995 c 30)
• Landlord and Tenant Act 1954 (1954 c 56)
• Law of Property Act 1925 (1925 c 20)

Key definition:

Tenant definition, what does tenant mean.

A person to whom a lease is granted.

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Idaho Landlord Tenant Rights

Last Updated: May 31, 2023 by Ashley Porter

Under Idaho law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Idaho Statutes Title 55 Chapter 3 , such as the right to timely rent payments and a livable dwelling.

Note: These rights cannot be waived regardless of what the rental agreement says.

Landlord Responsibilities in Idaho

In Idaho, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Idaho’s habitability requirements:

If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.

Renter’s Rights for Repairs in Idaho

Landlords must perform necessary repairs in a timely manner. In Idaho, landlords must make repairs within three days after getting written notice from tenants.

If repairs aren’t made in a timely manner, Idaho tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.

Tenant Responsibilities in Idaho

Apart from paying rent on time, Idaho tenants must:

• Keep the unit safe and habitable.
• Keep fixtures clean and sanitary.
• Properly use appliances, fixtures and facilities.
• Not damage or allow their friends and family to damage the property.
• Prevent injury to others due to actions performed on the premises.
• Make small repairs and maintenance when needed.
• Not disturb other tenants or neighbors.

Evictions in Idaho

Landlords in Idaho are permitted to evict tenants for the following reasons:

• Nonpayment of Rent: If an Idaho tenant fails to pay rent, then the landlord can issue a 3-Day Notice to Pay. If the tenant still refuses to pay, then the landlord may file a Forcible Entry and Unlawful Detainer.
• Lease Violation: If a lease violation occurs then the landlord may issue a 3-Day Notice to Cure or Vacate. In cases of serious violations, the landlord is not required to give a chance to remedy. Either way, if the tenant does not agree to the terms, then the landlord may file for eviction.
• No Lease/End of Lease – If tenants “holdover” or stay at the rental unit after the rental period has ended, the landlord must give a 30-Day Notice to Quit before proceeding with an eviction.
• Waste – If a tenant commits waste, a landlord may provide the tenant with a 3-Day Notice to Quit.
• Illegal Drug Activity  – If a tenant is involved with illegal drug activity on the premises, the landlord may provide a 3-Day Notice to Quit before filing for eviction.

At-will tenants in good standing are entitled to receive at least 30 days’ notice before being evicted. Tenants with a fixed-term rental agreement are not entitled to any notice.

It is illegal for landlords to evict a tenant as a form of retaliation or for discriminatory reasons.

Landlord Retaliation in Idaho

It’s illegal for Idaho landlords to retaliate against tenants by attempting eviction after tenants report violations of housing or safety codes, or otherwise try to secure a legal right related to their rental of the property. Tenants can claim retaliation as a defense in an eviction action, or they can actively sue a landlord who’s retaliating against them.

Security Deposits in Idaho

Collections & Holdings: The following laws apply to the collection and holding of security deposits:

• Maximum: None.
• Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
• Holding Requirement: Landlords are not required to hold security deposits separate from other funds unless the rental property is managed by a third party.
• Interest Requirement: None.

Returns & Deductions: The following laws apply to the return of security deposits:

• Allowable Deductions: Landlords can make any deductions listed in the lease agreement such as unpaid rent, utilities, damage excluding normal wear and tear, and cleaning costs.
• Time Limit for Return: 21 days.
• Max. Penalty for Late Return: Tenants can sue for three times the deposit plus court costs. If the judge does not award triple damages, they may award attorneys’ fees.

Lease Termination in Idaho

Notice Requirements: If an Idaho tenant wishes to terminate a periodic lease, they must give the following amounts of notice:

Early Termination: Idaho tenants may legally break a lease early for the following reasons:

• Early termination clause.
• Active military duty.
• Uninhabitable unit.
• Landlord harassment.

Cost of Breaking a Lease in Idaho

If an Idaho tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.

Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.

Rent Increases in Idaho

Idaho does not have rent control, and state law prohibits cities and towns from creating their own rent control laws.

Because Idaho does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.

Before increasing the rent, landlords must give at least 30 days’ notice. However, if the rental unit is a mobile home, rent increases are limited to once every six months and the tenant must be given at least 90 days’ notice.

Housing Discrimination in Idaho

Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, sex, familial status, religion, or disability. These protections do not apply to some owner-occupied homes or homes run by religious organizations. Idaho state law clarifies that mental impairments, chronic alcoholism, blindness, and AIDS are covered under the “disability” portion of the Federal Fair Housing Act.

Discriminatory Acts & Penalties: The Idaho Human Rights Commission handles cases related to housing discrimination. The following behaviors may be considered discriminatory when directed at a member of a protected class:

• Refusing to rent or sell on a bona fide offer.
• Indicating a preference for one group.
• Limiting financing opportunities.
• Steering applicants into certain neighborhoods.
• Failing to provide reasonable accommodations for those with disabilities.

Victims of housing discrimination can file a complaint with the Commission online .

Additional Landlord Tenant Regulations in Idaho

In addition to having laws that address general issues like repairs and security deposits, most states, including Idaho, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.

Landlord Right to Entry in Idaho

Idaho landlords have the right to enter rental property for maintenance, inspections, and property showings. Unless there’s an emergency, the landlord must give “reasonable” advance notice before entering (typically at least 24 hours), and can only enter with the tenant’s permission.

Rent Collection & Related Fees in Idaho

The following laws apply to the collection of rent and related fees:

• Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
• Maximum Late Fee: No limit, but it must be mentioned in the lease agreement to be charged.
• Rent Payment Methods: There is no state law governing which payment methods may or may not be accepted for rent.
• Rent Receipt: Not required.

Small Claims Court in Idaho

Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.

Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Idaho Small Claims Court is a division of Magistrate Court. The process takes approximately one to three months.

Mandatory Disclosures in Idaho

Idaho landlords must make the following mandatory disclosure:

• Lead-Based Paint : Landlords who own homes built after 1978 must provide information about the concentrations of lead paint used in the building.

Changing the Locks in Idaho

Idaho law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.

Additional Resources for Idaho Renters

Many cities in Idaho have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see below for more general information.

Landlord and Tenant Manual – This handbook, published by the Idaho Attorney General’s Office, details nearly every consideration a landlord or tenant may need to make before, during, and after a lease agreement.

Landlord and Tenant Rights and Responsibilities – This pamphlet breaks down each party’s responsibilities under Idaho’s current landlord-tenant laws.

Frequently Asked Questions

Landlord tenant rights in other states.

South Dakota

North Dakota

Suggestions

Assignment of assured and assured shorthold tenancies

Assignment of assured, assured shorthold, PRPSH demoted tenancies, and some agricultural tenancies depends on the terms of the tenancy agreement.

Right to assign of assured tenants

Housing association tenants, mutual exchange, planning restrictions.

Whether an assured or assured shorthold tenancy can be assigned depends on what is contained in the tenancy agreement.

The position regarding permission and consent is different from other tenancies.

Agricultural occupiers who are fully protected by the Housing Act 1988 have the same rights of assignment as assured tenants. Find out more about assured agricultural occupiers .

Periodic assured and assured shorthold tenants

The position depends upon what the tenancy agreement says about assignment. Periodic assured and assured shorthold tenants whose tenancy agreement says nothing about assignment cannot assign their tenancies unless their landlord consents. [ 1 ] In this case, landlords may withhold consent for any reason, whether reasonable or not. [ 2 ]

A tenant who assigns the tenancy without consent leaves the assignee in a vulnerable position as this is a breach of a term of the tenancy and is a discretionary ground for possession. [ 3 ] The exception to this is where a premium has been paid for the grant of tenancy, for example a tenancy deposit that is greater than one-sixth of the annual rent is a premium.

Otherwise, where the tenancy agreement:

allows assignment freely and without consent, assignment is allowed

expressly makes provision for the tenant to assign with the landlord's consent, the tenant will be able to assign with consent and such consent cannot be unreasonably withheld

forbids assignment, an assignment would be a breach of the tenancy agreement and could be subject to possession action

Fixed-term tenants

The rights of assured and assured shorthold tenants with fixed-term tenancies to assign their tenancies are governed by their tenancy agreements.

The rules on assignment above apply equally to assured and assured shorthold tenants of private registered providers of social housing (PRPSH). The rules for PRPSH demoted tenancies are the same as for periodic assured and assured shorthold tenancies, that is, generally only with the landlord's consent.

In addition, tenants of a PRPSH (or of a housing trust that is a charity) can mutually exchange with other social tenants.

Mutual exchange –  assignment of tenancy

A secure tenant has the right to mutually exchange their tenancy by way of assignment to a fully assured tenant. [ 4 ] For more information see  Secure tenancies and flexible tenancies .

Mutual exchange – transfer of tenancy

There is a statutory right to mutually exchange under the procedure introduced in section 158 of the Localism Act on 1 April 2012, where at least one of the tenancies is a periodic secure or assured tenancy which existed prior to 1 April 2012. 

The right only applies where one of the following applies: [ 5 ]

assured shorthold tenant exchanges with a secure tenant

assured tenant exchanges with flexible tenant

assured tenant exchanges with assured shorthold tenant

In these cases, the exchange is not done by way of assignment. Instead, each tenant's tenancy is brought to an end and a new tenancy is granted for their new property. Each tenant retains their existing status (where the landlord condition for creating that type of tenancy allows it).

Each tenant wishing to exchange must make a request in writing to their own landlord. The landlord can only refuse consent on limited grounds. [ 6 ] Exchanges can take place between two or more tenants if each landlord consents.

An assured shorthold tenant cannot rely on the right in section 158 of the Localism Act to exchange their tenancy in accordance with that section if: [ 7 ]

their tenancy is for a fixed term of less than two years

their tenancy is periodic

the rent payable under their tenancy is affordable rent, Intermediate rent, Mortgage Rescue rent or shared ownership rent

In these cases a mutual exchange may only take place if each landlord gives permission, for example through a contractual term in the tenancy agreement.

For more detailed information see  Secure tenancies and flexible tenancies.

An assured tenant could be refused permission for a mutual exchange by their landlord if the exchange would lead to a breach of a Section 106 planning agreement.

Section 106 of the Town and Country Planning Act 1990 allows a local authority to place legally binding obligations on a developer when it approves applications for planning permission. These restrictions will be binding on the owner of the property, unless the local authority agrees not to enforce a breach or to waive restrictions.

Planning obligations run with the land and will bind successive owners. [ 8 ] Breaches of a Section 106 agreement can be enforced by injunction. [ 9 ]

A Section 106 agreement can govern how a property is let, sold or otherwise disposed of. [ 10 ] The exact requirements of a Section 106 agreement will depend on the anticipated impact of the development and local needs.

A Section 106 agreement can be used to set additional restrictions on how a social housing property is let based on factors such as local connection or affordability. A landlord could refuse permission if a proposed mutual exchange breaches these restrictions. [ 11 ]

Last updated: 8 September 2022

s.15(1) Housing Act 1988.

s.15(2) Housing Act 1988.

Ground 12, Sch.2 Housing Act 1988.

s.92 Housing Act 1985.

s.158 Localism Act 2011.

s.159 Localism Act 2011.

reg.3 Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 SI 2012/696; see also para 7.3 of the Explanatory Memorandum to those regulations.

s.106(3) Town and Country Planning Act 1990.

s.106(5) Town and Country Planning Act 1990.

s.106(1) Town and Country Planning Act 1990.

ground 8, Sch.3 Housing Act 1985.

Kansas City Council derailed by Gaza ceasefire resolution and recognition of Palestinian doctors

Mayor Quinton Lucas threatened to veto the ceasefire resolution and another item recognizing the work of a Kansas City nonprofit that's been providing medical aid in Gaza. Palestinian groups have been calling on Kansas City Council to support a ceasefire for months.

The Kansas City Council has scrapped a resolution calling for a ceasefire in Gaza, in response to a threatened veto from Mayor Quinton Lucas and vocal opposition from a Northland representative.

4th District Council member Eric Bunch, who sponsored the legislation, also pulled another resolution that would recognize the work of a local group of Palestinian medical professionals.

Bunch told KCUR that he removed the two items from a full council vote after conversations with members of the Kansas City-based Palestinian American Medical Association (PAMA) and local Palestinian organization Al-Hadaf KC.

Bunch’s ceasefire resolution demanded unrestricted humanitarian aid to people in Palestine.

“We do hereby call for an immediate, permanent ceasefire to end the ongoing violence in Gaza; the release of all prisoners of war, hostages, and political detainees; the unrestricted entry of humanitarian assistance into Gaza, and the restoration of food, water, electricity, fuel, and medical supplies; respect for and compliance with international law and treaties; and a resolution that protects the security of all innocent civilians,” the resolution read.

Lucas announced Thursday morning that he planned to vote no on the ceasefire resolution, in an interview on KCMO Talk Radio’s Mundo in the Morning show.

Lucas went on to say that he would consider vetoing the item if it passed council. That would have been his first time issuing a veto — in fact, no Kansas City mayor has used the veto since Mayor Mark Funkhouser in 2008.

Lucas declined to speak to KCUR, and deferred to his comments on the radio show and on X .

If it had passed, Kansas City would have joined more than 100 cities across the U.S., including St. Louis , that have similarly called for an end to the ongoing violence. Al-Hadaf and their supporters, including citywide tenant union KC Tenants, have been pushing the Kansas City Council to adopt a ceasefire resolution for months.

Over the weekend, more than 500 people marched through the County Club Plaza during a protest for Gaza. Advocates also hoped to pressure council to recognize the PAMA, which has been providing health care to people in Gaza during the Israel-Hamas war.

After the event, Al-Hadaf released a video of Palestinian children in Gaza personally asking each city council member for their vote.

Kansas City Council often approves special actions that honor a local group or Kansas City resident. They're normally passed without much controversy or debate.

But on Tuesday evening, Lucas sent an email to council members that questioned PAMA’s Palestinian links and how it operates. In a copy of the email obtained by KCUR, Lucas wrote that the resolution’s language was “geared toward one perspective of the conflict and ignores lives of other nationalities that may also be in harm's way during the current conflict.”

Bunch said he heard from other council members that the special action recognizing PAMA was itself “too political,” even though it was not connected to the ceasefire call.

“I think that that's a distraction from the really amazing work that PAMA does to provide medical aid in the conflict in Gaza and the war on the Palestinian people,” Bunch said. “I don't want to take away from that.”

Both agenda items appeared on a legislative agenda posted on the city clerk’s website Thursday morning. But they did not appear on an updated agenda printed out before the council’s 3 p.m. legislative meeting.

PAMA and Al-Hadaf ended up requesting that Bunch pull the resolutions to protect the humanitarian organization's efforts “from unnecessary discrimination.”

“It is regrettable that opposition, both external and within the Kansas City City Council, including from Mayor Quinton Lucas’ office, has arisen regarding the symbolic recognition of PAMA,” Al-Hadaf said in a statement.

Debate over antisemitism

In addition to Lucas, both resolutions received strong opposition from 1st District Council member Nathan Willett, who represents parts of Kansas City’s Northland.

Willett posted on Facebook on Thursday morning that “a few of my fellow Councilmembers want to turn KC city hall into what we have seen on college campuses all around the county these past few months.”

Willett said he got more than 1,000 emails calling for him to support a ceasefire resolution. During a heated Council discussion on Thursday, Willett held up a large stack of papers that he said contained that feedback.

But he argued that local government should focus on local issues, and criticized the emails for not mentioning the attacks against Israel on Oct. 7, 2023.

“One of the biggest tools that antisemites use is leaving out facts about atrocities that our Jewish friends have faced like the Holocaust and, in this case, October 7th,” Willet said in the post.

6th District member Johnathan Duncan disagreed with Willett, saying that the council had a moral imperative to take a stand on a ceasefire.

"We have Palestinians here, who are suffering, who have requested to meet with every single member in this body to tell their story and say why this matters to them," Duncan said. "Councilman Willett held up thousands of emails asking us to pass a ceasefire resolution. I received not one email from a constituent, from a resident in Kansas City, that spoke to the opposite of that."

As an answer to the ceasefire motion, Willett introduced a separate resolution that would update the city’s definition of antisemitism. Currently, Kansas City uses language adopted from the International Holocaust Remembrance Alliance .

Willett’s resolution would add language specifying that antisemitism includes denying the Hamas attacks on Israel on Oct. 7, 2023.

Israel has reported that 1,200 people were killed in the terrorist attack. According to the United Nations and the Gaza Health Ministry , Israel’s subsequent war in Gaza has killed at least 35,000 Palestinians. The United Nations reports that 52% of those deaths are women and children.

Members of the Kansas City chapter of Jewish Voices for Peace opposed Willett’s proposal. At Thursday’s meeting, members attended wearing shirts that said, “Not in our name.”

Jewish Voices for Peace member Sam Brian accused Willett of using antisemitism as a scapegoat to politicize humanitarian aid.

“We as Jews are here because, frankly, we don't like being used as a political football by Councilman Willett,” Brian said. “We're here to show that we're upset about that. And we won't have the city council using antisemitism as an excuse to shut down a Palestinian discussion.”

Bunch said accusations of antisemitism couldn’t be further from the truth.

“I think it's unfortunate that we’re at a place where we can’t discuss issues of the atrocities that are occurring on the Palestinian people,” Bunch said. “There have been atrocities on the Israeli people. But right now, we're seeing families destroyed and lives lost in Palestine, and in Gaza, on the Palestinian people. That’s something that is very real, and something that I think local elected officials have a role to play in.”

Willett’s office did not return a request for comment.

Kansas City Council ultimately voted down Willett’s resolution.

"I don't think it's our role," said Kevin O'Neil, who represents Council's 1st District At-Large. "I think we're spending a lot of time on something that doesn't have any place in these chambers."