Is there any legislation about Assignments, ie. who can assign, full or part assignments, when an assignment can happen during a lease, the legal procedures, etc. Assignments are very common in house-shares here and seem to happen in a very casual way, for example in the past, replacement tenants used to pay their deposit to the departing tenant (IDK if that still happens). The reports that IRES will no longer authorise tenant swaps makes this of interest to tenants and landlords.
FWICS, the RTA only has information on the after-effects of assigning a part4 tenancy (S38) but not much about the actual process of transferring to another person eg, transfer documents, release of original tenant, amended lease or an entirely new lease, stamp duty, responsibilities of assignor and assignee etc.
The RTA does cover sub-letting in Schedule 1 ok but it doesn’t seem to be very common, maybe because up to now, very few tenants would want the responsibility or hassle of being an actual landlord to a sub-tenant and it’s just easier to assign.
IMO, assigning a tenancy must be a more substantial legalised process than a landlord agreeing that a co-tenant can leave and a different person can move in. I also don’t understand how an update to the tenant details on the rtb register is adequate to transfer a tenancy interest to a different person.
FWICS, the RTA only has information on the after-effects of assigning a part4 tenancy (S38) but not much about the actual process of transferring to another person eg, transfer documents, release of original tenant, amended lease or an entirely new lease, stamp duty, responsibilities of assignor and assignee etc.
The RTA does cover sub-letting in Schedule 1 ok but it doesn’t seem to be very common, maybe because up to now, very few tenants would want the responsibility or hassle of being an actual landlord to a sub-tenant and it’s just easier to assign.
IMO, assigning a tenancy must be a more substantial legalised process than a landlord agreeing that a co-tenant can leave and a different person can move in. I also don’t understand how an update to the tenant details on the rtb register is adequate to transfer a tenancy interest to a different person.