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Deed of Assignment (Joint Tenants)

PROP.RES.SL.12

This Deed of Assignment (Joint Tenants) is used to transfer a Tenancy Agreement from an existing group of joint tenants (the Assignors) to a new group of joint tenants (the Assignees). 

Why Use A Deed Of Assignment 

This Deed should be used whenever a joint tenancy is being transferred, even if only one tenant is leaving. It is not possible for one joint tenant to assign their "share" of the tenancy, all existing joint tenants must assign the tenancy to the incoming group. 

This is particularly important in student houses and shared HMOs where replacement tenants are common. 

Is This Deed Suitable For You?

This template is for England only. If your property is in Wales, different rules apply for contract-holders under the Renting Homes (Wales) Act 2016.  Please see: Renting Homes Wales.

If there is only one tenant who is party to the tenancy agreement, please use the Deed of Assignment (Single Tenant).

Before proceeding, you should carefully review the tenancy agreement to confirm:

  • Whether assignment is permitted
  • Whether landlord consent is required; and 
  • Whether any conditions apply

This template includes an optional landlord consent clause, allowing the landlord to formally confirm consent within the document. 

Some joint tenancies, particularly student tenancies, often include parental guarantors. When the tenancy is assigned the existing guarantors should normally be formally released from their obligations. This template includes an optional guarantor release clause. Alternatively, the landlord may use a separate Deed, such as a Deed of Release of Guarantor.

Tenant Fees Act 2019 

If the tenant has requested the assignment of the tenancy, a landlord can charge a fee for this, provided it complies with the limits set out in the Tenant Fees Act 2019. Please see: Guidance Note: Tenant Fees Act 2019 (England)

Optional phrases/clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document. 

This Deed of Assignment (Joint Tenants) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

Deed of Assignment (Joint Tenants) is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.

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