Succession, Assignment and Mutual Exchange Policy

The policy sets out how requests for succession, assignment and mutual exchange will be considered and managed.

Succession, Assignment and Mutual Exchange Policy

Policy Tenancy Management – Succession, Assignment and Mutual Exchange Policy
Users of Policy Colchester City Council Officers, Colchester Borough Homes Officers
Date Adopted 30 January 2014
Date last Reviewed August 2026
Review Frequency Review every 3 years
Best Before Date End August 2029
  Scheme Delegation
Formation of Policy Portfolio Holder with delegated responsibility for Housing
Amendments Portfolio Holder with delegated responsibility for Housing
Monitoring Housing Client Co-ordinator
Implementation Housing Client Co-ordinator
Appeals Strategic Housing and Assurance Manager, delegated to Colchester Borough Homes Director of Operations

1. Purpose and Scope of Policy

1.1 The policy sets out how requests for succession, assignment and mutual exchange will be considered and managed. It aims to make sure decisions are lawful, consistent, clear to customers and staff, and support the best use of council housing.

1.2 This policy applies to Colchester City Council secure and introductory tenancies managed by Colchester Borough Homes. It should be read alongside the tenancy agreement, the Gateway to Homechoice Allocations Policy and relevant legal guidance.

2.1 This policy is informed by the Housing Act 1985, the Housing Act 1996, the Localism Act 2011, the Housing and Planning Act 2016 where relevant, the tenancy agreement, and the Council’s wider housing policies. The law may change over time, and this policy will be applied in line with any legislative changes that come into force.

3. Key Definitions

3.1

  • Succession: when a tenancy passes to a qualified person after the tenant dies.
  • Assignment: when a tenancy is legally transferred from one person to another during the tenant’s lifetime.
  • Mutual exchange: when tenants swap homes by legal assignment, with landlord consent.
  • Assignor: the tenant transferring the tenancy.
  • Assignee: the person receiving the tenancy.

4. Policy Principles

4.1 Requests will be assessed fairly, sensitively and in line with the law and this policy.

4.2 Decisions will be based on evidence and explained clearly.

4.3 The Council will seek to make best use of housing stock, including adapted and age restricted homes.

4.4 Customers will be given clear information about what evidence is needed and what happens next.

4.5 The Council acknowledges that vulnerability arises from health issues, individual characteristics, life events, or environmental impacts. In accordance with regulatory standards, this policy will be applied proportionately and flexibly to prevent procedural disadvantage to vulnerable applicants.

5. Succession

5.1 Succession is the legal transfer of a tenancy after the death of the tenant. A person must occupy the property as their only or principal home at the time of death and meet the legal qualifying conditions.

5.2 For tenancies that began before 1 April 2012, one statutory succession only may be available to:

  • A partner, spouse or civil partner (with a signed civil partnership document) or a person living as though they were civil partners and were living at the property with the deceased at the time of death.
  • A member of the tenant’s family (where the tenant had no partner or spouse living at the property) who lived with the tenant as their main or only home for at least twelve months before the tenant’s death.

Family members include parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews and nieces. We call these people “eligible successors”.

This right of succession only applies to tenancies that began before 1 April 2012 and until the amendment made by Schedule 8 of the Housing and Planning Act 2016 comes into force.

5.3 The Council at its discretion may permit a succession right to a family member who resided with a tenant at the time that the tenant transferred under the Transfer Incentive Scheme and would therefore otherwise have lost the right of succession. Specifically, in cases where a tenancy originally commenced before 1 April 2012 a succession right to a family member who resided with the tenant at the time of the transfer and continues to meet the residency criteria for the previous 12 months prior to the tenant’s death.

5.4 For tenancies that began on or after 1 April 2012, Colchester City Council limits the statutory succession to a spouse, civil partner, or a person living with the tenant as if they were a spouse or civil partner, where they occupied the property as their only or principal home at the time of death.

5.5 There is no further right of succession where the deceased tenant was already a successor, including where a sole tenancy arose from a previous joint tenancy.

5.6 Where an eligible successor qualifies but the home is larger than needed, is specially adapted and the successor does not need the adaptations, or is age restricted and the successor does not qualify, or the property is a bungalow, the successor may be required to move to suitable alternative accommodation in line with the Gateway to Homechoice Allocations Policy. The applicant would be awarded a Band A for "Releasing a property in need". Payments under the Transfer Incentive Scheme would not apply.

5.7 In limited cases where no right of succession exists, the Council may consider whether other housing duties or assistance apply, including homelessness duties or a move to more suitable accommodation. This includes circumstances involving:

  • Five years’ residence and evidence of long-term care.
  • Vulnerable homeless applicants in priority need.
  • Vulnerability due to age, disability, learning difficulties or long-term illness.

A Vulnerability Impact Assessment will be completed before any decision is made. Suitable alternative accommodation may still be required where the property is oversized, adapted unnecessarily, age restricted or a bungalow.

5.8 Where a successor is under 18 years old, the tenancy will be held in trust by an adult relative or other professional until the successor reaches the minimum age.

5.9 Where there is more than one eligible person that could succeed a tenancy, the parties concerned will need to decide between themselves who will be the successor and put this nomination forward to the Council. The Council may refuse under certain circumstances, including previous eviction for rent arrears or anti-social behaviour.

5.10 All succession claims must be supported by evidence, such as proof of residence, relationship, and any other information needed to confirm eligibility.

6. Assignment

6.1 Assignment is the legal transfer of a tenancy during the tenant’s lifetime. It does not create a new tenancy. The assignee takes over the same tenancy rights and responsibilities and the assignor no longer has any rights or responsibilities to the property.

6.2 A secure tenancy may only be assigned in limited circumstances allowed by law:

  • To a person who could qualify to succeed.
  • By court order.
  • By way of a mutual exchange.

6.3 An assignment cannot usually take place if the tenancy is joint, introductory, demoted, temporary, or where the tenant has already succeeded to or been assigned the tenancy.

6.4 Where there is a relationship breakdown between joint tenants, please refer to the Relationship Breakdown policy.

6.5 Eligibility for assignment for tenancies that began on or after 1 April 2012 is the same as that for a successor.

6.6 Where arrears are owed, these must normally be cleared before an assignment is completed.

6.7 The Council may consider a discretionary assignment in exceptional cases where a family member has lived with the tenant for at least five consecutive years, has provided a high level of personal care, and the tenant is moving into long-term residential care.

6.8 Any decision will depend on full supporting evidence.

6.9 Additional checks may be undertaken to ensure a resident is not being coerced, financially exploited or is a victim of cuckooing.

6.10 Where a discretionary assignee would under occupy the property, not need major adaptations, or not meet age requirements, the Council may require a move to suitable alternative accommodation.

7. Assignment by Court Order

7.1 The Council will comply with court orders that lawfully transfer tenancy rights, including orders made under relevant family and children law.

7.2 Any transfer will be completed in line with the order and the tenancy conditions.

8. Mutual Exchange

8.1 A mutual exchange is a legal swap between tenants and normally takes effect by assignment. Written consent from all relevant landlords is required before the exchange can go ahead.

8.2 Only tenants with the right to exchange under the law and their tenancy terms can take part. Introductory tenancies cannot be exchanged.

8.3 All rights and responsibilities are transferred to the assignee including rent and service charges.

8.4 The Council may only refuse a mutual exchange on lawful grounds, including:

  • Property too large or too small.
  • Adaptations not required by incoming tenant.
  • Age restricted property criteria not met.
  • Relevant legal action underway.

8.5 Tenancy breaches such as rent arrears or property condition issues may need to be resolved before consent is granted.

8.6 Customers are responsible for checking the condition of the property they move to.

8.7 Reasonable adjustments, assisted viewings and fast-tracking for domestic abuse cases may be provided to vulnerable applicants at the discretion of Colchester Borough Homes Housing Management.

9. Evidence and Decision Making

9.1 Applicants may be required to provide:

  • Proof of identity
  • Proof of residence
  • Proof of relationship
  • Benefit details
  • Court documents
  • Tenancy information
  • Evidence of care
  • Property suitability information

9.2 Decisions will be made once all required information has been received.

10. Appeals

10.1 Appeals must be made in writing within 28 days and explain why the applicant believes the decision, policy application or procedure was wrong. Appeals will be reviewed under the Colchester Borough Homes complaints process.

10.2 A written response will be provided within 20 working days.

11. Service Standards

11.1 Requests for succession or assignment will be acknowledged within 5 working days.

11.2 A decision will normally be made within 10 working days of receiving all required information.

11.3 If further enquiries are needed, the applicant will be told the reason for the delay and the revised timescale.

11.4 Mutual exchange applications will be processed within the statutory timescale once all required information has been received.

12. Monitoring and Review

12.1 Colchester Borough Homes will keep records of requests, decisions and outcomes.

12.2 This policy will be reviewed at least every 3 years, or sooner if there is a relevant change in legislation, case law, guidance or local policy. Equality impacts will be considered as part of each review.

13. Communicating the Policy to Staff and Customers

13.1 Relevant staff will receive the policy and any updates, with training where needed.

13.2 Customers will be given information through the Council and Colchester Borough Homes websites, published guidance and other communication channels.

Links to Relevant Information, Policies and Legislation