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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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Refused tenancy assignation.

Resolved Question:

This is a follow up from my previous question "Assignation of housing association tenancy in Scotland".

Essentially my questions (with answers) were.

Q.We moved into this house via an exchange 18 years ago, does that effect / nullify the chance of assignation?

A. No.

Q.Would the house being a 3 bedroom and me being a single male effect the chances of assignation?

A. That's not relevant.

Q. If I am unable to go for assignation, what other routes do I have. Could I try for a joint tenancy or something similar? Any down falls of that? i.e would that extend the length of time my parents have to stay in current house?

A. There's no reason why you can't get an assignation.

Current Question.

I got in touch with the housing association by sending an assignation request.

My parents had a meeting today with the housing association.

They were told that the panel has decided to refuse assignation due to there being a lot of people waiting for a 3 bedroom and 3 bedroom is inappropriate for a single person.  He said that they will send an official letter out this week and my parent have the right to appeal.

What rights do we have now?

Can they refuse assignation due to me being single and/or there being alot of people on the waiting list? Although I was not there, my parents informed me that he (the housing rep) couldn't understand why Im not actually on any waiting list my self. Could not being on a waiting list effect my circumstances?


Where do we go from here?

I was also informed that the rep said something about they could go to Sheriff Court in regard to the appeal. I really do not want to go there but what are the procedures, time frame, legalities and most important typical cost of going down such a road.


I understand from a housing side of things it makes sense what they are saying, is that also the way the law / sheriff will see it?

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The only right of appeal against their decision is to the sheriff by way of summary application so you will need a solicitor.
However, so that I can help you further, can you let me have the wording of the clause in the Scottish Secure Tenancy Agreement which provides for assignation. Can you also get from the HA and let me see the current assignation policy document.
Customer: replied 1 year ago.

Got this from their current document that is online for Scottish Secure Tenancy. Hopefully this is what you want, Ive tried to format as close as possible to the actual document. As this is the online one I will try and see the actual hard copy my parent have to see if there are any differences.


  • If you want to:take in a lodger; OR

  • sub-let part or all of your house; OR

  • assign the tenancy (pass on the tenancy to someone else); OR carry out a mutual exchange; OR

  • otherwise give up possession you must first get our written permission.

To do this, you must tell us in writing:

  • the details of the proposed change including who you want to sub-let or assign or give up possession to, take as a lodger or exchange with (and the house involved); AND

  • the amount of rent and any other payments (including a deposit) you propose charging (if any) in the case of sub-letting or taking in a lodger; AND

  • when you want the sub-letting, lodging, assignation, giving up of possession or exchange to take place.

  • in the case of sub-letting or taking in a lodger, the tenancy/occupancy terms on which you intend to sub-let or take in a lodger (prior to granting consent, we will require that lodgers and sub-lessees are provided by you with a written agreement and that the terms of this agreement are acceptable to us).

If you want another person to be a joint tenant, both of you must apply to us in writing. The other person must use the house, or intend to use the house, as his or her only or principal home.

We will not unreasonably refuse permission. If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least 6 months before the date of your written request.


We will not unreasonably refuse permission for an assignation, sub-letting, giving up of possession or taking a lodger.

Reasonable grounds for refusing permission include the following:

  • we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct;

  • we have obtained an order for your eviction;

  • it appears that you propose to receive a payment or an unreasonable rent or deposit;

  • the proposed change would lead to the criminal offence of overcrowding or overcrowding as defined by us;

  • we intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change.

  • for the avoidance of doubt you are permitted to charge a reasonable rent and a reasonable deposit for sub-letting or taking in a lodger.

These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent of other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details on getting permission.


  • Where this Tenancy Agreement requires you to obtain our permission for anything you must make your request in writing. We will not refuse the request unreasonably.

  • If we refuse permission, we will tell you what the reason is. We will give you our decision in writing as soon as possible.

  • We may give you permission on certain conditions. We may withdraw our permission if the activity which we have given you permission for is anti-social to anyone in the neighbourhood.

  • If you object to our decision, you can appeal using our complaints procedure.

  • If the request for permission is about taking a lodger, sub-letting, assignation, or exchanging the house (see Part 4 of this Agreement), we will reply to your written request within one month of receipt of the written application. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will notify you of the reasons for our refusal in writing within one month of receipt of your application. If you are unhappy about our refusal you have the right to make application to the sheriff.

  • If the request for permission is about changing the terms of the tenancy relating to your use or enjoyment of the house (see paragraphs 2.3 and 2.18) and we refuse permission, you have a right of application to the sheriff.

Their online stuff doesn't have anything regarding assignation (only transfers and exchanges). I will inform parents to request the housing associations assignation policy document. The person who they talked to has worked at the HA for many years now and informed parents that this is only the second time he has had to deal with such a request; the first time was at his last job. I Didn't realise assignation is that uncommon.

Expert:  JGM replied 1 year ago.
It is uncommon because the law which allows assignation is relatively new. I'll wait to hear further from you but there nothing you've shown me so far that would suggest that a request to assign the lease to a long standing family home is unreasonable. My opinion so far is that the court would grant the request unless there is a policy in force to suggest otherwise.
Customer: replied 1 year ago.

As a quick follow up, just so that I may 'close' this question.

In regards ***** ***** appeal, what if parents decide to move.

Would I be correct in assuming that if they move (or inform to HA of their intent to move i.e 30 days notice) the appeal could no longer go forward?

Expert:  JGM replied 1 year ago.
That's correct as the tenancy wouldn't exist any longer.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience: 30 years as a practising solicitor.
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