Deed of assignment

Introduction

Most of the time, when a tenant chooses to end their tenancy, they will serve you notice and then give you vacant possession of the property. 

However, sometimes with joint tenants this won't happen. One tenant may want to leave while other tenants want to stay on afterwards. 

In these cases it will usually be best to agree a new tenancy agreement that starts afresh as it gives you an opportunity to renegotiate terms, including setting a new market rate rent.

However, in some cases you may want to remove the outgoing tenant, find a replacement tenant and keep the existing tenancy in place.  In these cases, rather than signing a new tenancy agreement, you can assign the outgoing tenant's interest in the property to a replacement tenant. This leaves the existing tenancy in place.  

Please note that from 1st May 2026, deeds of assignment are not recommended for Assured Periodic Tenancies in England. They are also not necessary for Occupation Contracts in Wales.

How to assign a tenancy

For assignment to be effective it must be done via a deed, signed by all parties. A simple agreement will not be sufficient. 

A deed is a document that has its own specific requirements, including the need for all signatures to be witnessed. The witness should be someone who is not a family member or a party to the agreement. The most appropriate way to do this is to have the witness be physically present in the room as the parties sign the deed.