Renting Homes: The Final Report - Law Commission

6.42 At present any succession, and thus any transfer, must be to a single person. In
our scheme, joint succession is possible. Thus, any transfer can be to all the
potential successors who wish to be included in the transfer. 63
6.43 The principle of survivorship applies to joint contract-holders. Nevertheless, if
they all act together, they can apply to transfer the agreement to a potential
successor. Again, any transfer is subject to obtaining the landlord’s consent. 64
6.44 It is only necessary for a contract-holder to use the right to transfer to a potential
successor where he or she does not intend to remain as an occupier. Otherwise
they can seek to add a potential successor to the contract as a joint contractholder.
6.45 A landlord may well be reluctant to give consent if they fear losing control of the
premises for a substantial period. To address this, we accept that the giving of
consent may be subject to conditions. Specifically, we recommend that a landlord
can impose a condition that consent is subject to the contract-holder giving up
their right of succession. 65
Transfer to another secure contract-holder — exchanges
6.46 At present, secure tenants are able to seek permission to exchange their tenancy
with another secure tenant or with an assured tenant of a registered social
landlord. 66 This gives some flexibility to both landlords and tenants. It is a right
that tenants appreciate. We think it should be retained in the recommended
scheme.
6.47 Currently, the right to ask to exchange is done by an assignment of the tenancy
from one qualifying tenant to another, who also wants to exchange. There can
either be a direct swap, or a circle of three or more, all of whom want to transfer,
but the last tenant must move into the property vacated by the first. This
“mutuality condition” results in inflexibility. We recommend that it be relaxed. In
future it will be possible for there to be a simple chain of transfers, where there is
potentially a void at both ends. This will encourage mobility and choice-based
letting.
63 Cl 131(2)(b).
64 Cl 131(4). Consent, and its reasonableness, is discussed below, at paras 6.61 to 6.76.
65 Sch 4 para 9.
66 Housing Act 1985, ss 91(3)(a) and 92, and sch 3 (as amended).
109