assignment of contract ireland

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Assignment agreement

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About this assignment agreement

Use this assignment agreement to transfer one or more contracts between two parties where the agreement of the party to the original contract cannot easily be obtained or where the original agreement allows transfer without the consent.

This form of assignment is most commonly used when a large number of contracts are transferred from one business to another, for example  when a telephone service provider sells its Republic of Ireland contracts or a white goods retailer sells its maintenance contracts.

When to use this assignment agreement

The basic law is that A cannot transfer to C the obligations he has under a contract with B, without B agreeing. So what happens is that all three enter into a “novation” agreement whereby the proposed transfer is made with B’s permission.

Most businesses that need to set up multiple contracts make sure the terms of the contract allow them to assign the contract without permission of B. In those cases, an agreement like this one can be used.

If your multiple agreements do not include this provision, you may still wish to use this agreement and take the small risk that some subscribers or users may walk away. If they do not, but instead carry on as before and make their next payment to the new owner, they are, in law, affirming the contract with the new owner, and all is well.

So a novation should be used where practicable and assignment is the fallback where there is a large number of contracts or where novation is unnecessary because all the contracts permit assignment anyway.

Whether or not the customers stay or go after the assignment is very important. The exact tone to use in a letter or message is important. So we include with this assignment agreement a letter template to send to customers informing them of the change.

You should use a novation agreement rather than an assignment if all three parties are available and agree.  Use: Novation agreement: transfer of service contract .

Agreement features and contents

• Suitable when either party is resident outside the Republic of Ireland
• Comprehensive provisions provide ideas for you to mould
• Letter to customers included so that you can ensure a successful future relationship with your new clients

The assignment agreement contains the following sections:

• Details of the parties
• The assignment
• Existing claims: sets out how outstanding claims will be dealt with
• Other usual legal provisions in plain English

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III. ASSIGNMENT OF THE CONTRACT OR SUBJECT MATTER

Specific Performance in Ireland

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IPOA Practical Guide to Assignment

Important to Note

• A tenant must get the landlords written permission to assign a tenancy.
• A landlord does not have to give permission for an assignment.

Understanding Assignments

Assignment is where a tenant transfers their entire interest in a tenancy to a third party.  The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now deals directly with the landlord and is responsible for the tenancy.

When does an Assignment Happen?

It can occur when a tenant in a fixed term tenancy wants to relinquish and leave the tenancy and no long be responsible for any obligations of the tenancy.

Typically, it arises when a tenant sharing with other tenants on a lease where each tenant is jointly and severally liable wishes to leave the tenancy. In this case the tenancy continues, and the tenant is liable for the rent until an assignment occurs or the tenancy is ended.  In practice as each tenant is equally liable the full rent must be paid to the property owner and each tenant is equally responsible.

The new assignee will require 6 months of continuous occupation in the dwelling before qualifying for Part 4 tenancy rights.

Assignment can only take place with the consent of the landlord .   Where a landlord refuses an assignment of a fixed term tenancy, a tenant can serve a notice of termination on the landlord.  However, this does not apply in a shared tenancy situation if the other tenants are remaining and the tenancy is continuing. The full rent is contractually liable until the tenancy is terminated.

Landlord refuses to allow Assignment

Where a landlord refuses an assignment of a fixed term tenancy, a tenant can serve a notice of termination on the landlord .

Procedure for Landlord willing to allow Assignment

• Meet with tenant and discuss the situation. Explain the process.  Confirm that you are willing to allow an assignment subject to the suitability of the applicant tenant vis a vis, ability to pay, and references.
• Due diligence should be done on the prospective assignee. The normal checks and balances should be done.
• Prior to the assignment an inspection should be carried out on the property to ensure that all is in order.
• All being well, photograph prior to the prospective assignee taking possession.
• Take the deposit from the assignee and refund the previous tenant their deposit.
• The replacement tenant will pay the rent in same manner as the previous tenant (in a shared tenancy normally one person collects and forwards to landlord), and this is done in advance.
• Clarification on the rights and obligations under the tenancy should be given to the new tenant.
• A letter of assignment can be signed (sample below), a copy of the lease should also be given or alternatively an addendum can be made to the original lease agreement confirming the assignment and noting the date.
• All parties to the tenancy should be made aware that the new assignee will require 6 months of continuous occupation in the dwelling before qualifying for Part 4 tenancy rights.

Suggested Addendum Wording

(Outgoing tenant) is assigning his/her rights and obligations in this tenancy on the (date) to (Replacement tenant)

Signed:  Outgoing tenant  date

Signed:  Replacement tenant   date

Click HERE for Sample Assignment Agreement Form

Need More Information? Get In Touch With The IPOA Team

01-8276000 / [email protected], our address.

The Irish Property Owner’s Association Ashtown Business Centre Navan Road, Dublin 15. D15 K6WR

Telephone : +353-1-8276000 Fax : +353-1-8276002

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Contract Types

It contracts.

The forms of contract for IT provision may range from highly negotiated agreements for complex high-value bespoke requirements to standard form agreements in respect of off the shelf products.

The general principles of contract law apply. The systems and deliverable requirements should be specified and defined.  In particular, performance, capacity, and minimum requirements should be set out.

The general warranties that apply by law should be considered and modified as appropriate.  Guarantees may be provided in the context of ongoing support. Warranties may appropriate to the effect that the product or system will conform to the relevant expectations and requirements.

Issues may arise as to what extent the requirements are promised to be functional in relation to the particular business. The component parts may operate, but it may not perform the overall functions required in the context of the business’ requirements.

The extent of responsibility and liability will depend on the terms of the contract.  Difficult questions of interpretation may apply in applying implied sale of goods and supply of services legislation warranties in this context.

Systems Supply Contracts

Contracts for the provision of hardware and software systems may range from highly bespoke and developed systems and software provided for an individual business to generic widely used software and which are purchased in a standard form, commonly over the internet.

The supply contract may range from a basic business support system to the complete outsourcing of particular functions by the customer to the IT suppliers.  This may raise issues in relation to employment law.

A complex bespoke system may involve a detailed contract between the supplier/developer and the user.  Existing software may need to be developed and refined for the particular business environment.  The customer’s requirements must be indicated and understood. Communication issues arise.  Inevitably in complex bespoke projects, it will be necessary for sufficient interaction to take place.

A development agreement may be entered, specifying what is to be provided and specifying, the rights in the final system, payments, delivery, support, testing, and maintenance. There are commonly confidentiality issues.

The definition of completion of the project will be critical.  There should be tests and mechanisms in the contract to prove that the requirements have been delivered and that the systems meet the requisite standards and expectations.

Common Disputes and Proprietary Issues

Disputes sometimes arise where software and systems have been developed in a novel business setting, between the customer and IT developer.  The IT developer may wish to use and apply the system and software in other spheres.

The customer may wish to retain exclusivity, particularly if the software development and application may have involved input from both supplier and customer and may have involved substantial expenditure. The customer may wish to guard against the IT developer, selling it as a package to a rival.

There may be negotiation as to whether the intellectual property rights remain with the developer or vest in the business.  This will depend on the market strength and the extent to which the business requirements are unique.

In some cases, intellectual property rights will vest expressly or impliedly vet in the customer.  On the other end of the spectrum, the customer will have a licence to use the system or software, with the supplier entitled to exploit it as provided.

Complex issues may arise if other proprietary systems are involved in respect of which the supplier may have limited rights only, to use them.  In this case, an outright assignment of all elements of the system may not be possible.

Maintenance and Support Contracts, I

Anything more than basic IT systems will require ongoing support and maintenance. There may be provision for ongoing training, consultancy, support, repair upgrades.  Warehousing agreements provide secure storage of business data and hosting.  The business will wish to ensure that its data is properly secured and that the requisite hosting systems perform.

The IT system or systems may play a particular function within the business (for example, in payroll or the general accounting systems). In other cases, the business itself may have a significant web and e-commerce presence, in which case, the IT system may be central to the business.  The support contract may range from basic remote or automated support systems to a more compressive on-site support presence.

Systems whether bespoke or standard are likely to have a warranty period, during which their functionality is warranted and their maintenance is provided by the supplier. After that, a longer-term maintenance contract may be put in place to deal with ongoing issues.

The maintenance contract will define the extent of maintenance and support provided. It may involve a response to specific queries, the ongoing maintenance of hardware and software elements, repairs, replacements, site attendance, and diagnosis and resolution of difficulties online or on the customer’s premises where necessary. There may be a member of the supplier’s staff on site or on call. The matter may be the subject of a service level agreement.

Maintenance and Support Contracts II

There will be provision for charging fees. The fee levels may be revised from time to time as the agreements provide or on its expiry. If the customer has a right of renewal on expiry, the supplier may require a mechanism for the determination of a revision in the level of fee.

At the end of the term of the agreement, the maintenance may be transferred to another supplier. The contract may provide for and facilitate the transfer of the arrangements

The customer may wish to transfer the contract/system to another entity within its group or externally. Equally, the supplier might wish to transfer the benefit of the contract to a group company.

Maintenance may encompass updates and training.  The supplier may agree to provide further releases and updates of the software, developed by it during the course of the contract. This may include new versions, removing bugs and providing for enhancements. The customer may be obliged to accept upgrades so as to facilitate the supplier in servicing all of its customers.

There may be a range of warranties on specific matters to supplements statutory implied warranties (as to the provision of services with due care, skill, and due diligence).

Faults and Problems

The faults and issues that may arise may be categorised in accordance with their seriousness. A mechanism for quickly categorising them may be required unless they are clearly defined.

More serious faults with more thoroughgoing effects and potential impact on business may have a higher-level categorisation and be subject to higher level of responsiveness and resource allocation by the supplier.

The basic principle of contract law is that a breach of contract gives rise to liability for direct loss only. The failure of an IT system may have serious knock-on consequences.  Under general contract law principles, these will not be the subject of compensation. In any event, an IT supplier is unlikely to be willing or able take on such liability.  It may be appropriate to provide for pre-defined liquidated damages or service credits in respect of failures of performance

The service level agreement may define the time scale in which there is an initial response to and ultimately, a resolution of a problem that has arisen. There may be consequences in terms of service credits or liquidated damages in the event of protracted delays.

Software ultimately consists of a series of instructions to hardware to work a process in order to provide a function or application. Software is protected principally by copyright law.The source code is the ultimate, low-level base of software. It generally requires to be compiled into a form that can operate. The object code is the lowest level binary coded base of the program.

Most software packages are sold to the mass market to meet generalised requirements. The best known include Microsoft’s family of programs, Word, PowerPoint, Excel, and Outlook.

Software may be specifically designed for a particular purpose. Existing software may be customised and adapted to meet the customer’s need.

Intellectual property rights are of key importance in the IT sector.  Most software and many hardware systems are the subject of proprietary intellectual property rights held by the developers or owners. Licensing of IP, which is a consent to use another’s IP’s rights, plays a central role.

Escrow agreements may be used to deal with the risk that the supplier may become insolvent or fail to perform its obligations.  The escrow agreement provides that the key technical information such as software source codes, manuals are delivered with a third-party agent.  The escrow agreement will provide the terms on which the same may be released to the customer in the event of supplier’s default.

Licensing of Software

Because software comprises intellectual-property protected by copyright, its use is licensed. The terms of the licence are provided for by contract law and effectively the terms of the consent to use. The creator or another owner of the copyright thereby permits its use subject to terms and conditions.

The owner of copyright will usually seek to exploit it in the way that commercially optimises the total licence fee return. The licence duration is commonly expressed to be for a period, generally a long period.

The terms of the licence and correspondingly the level of the licence fee will determine the extent of rights granted. Typically, the use is limited to a particular computer or user or to a particular network or group. The licence may limit use to a domestic or business purposes of the user. In particular, it may not be commercially exploited.

The terms of the licence are likely to limit the extent to which the software may be transferred and used. This restriction may have implications in groups of companies where the terms of the relevant licence may be limited to use by the customer entity.

Copyright licences may purport to restrict transfers of the software to third parties, both to protect the software owner’s, copyright and economic interests and to control track the identity of the users. These limitations may have implications in relation to the use of the software within an organisation which are not readily apparent on purchases.

Shrink Wrap Licences

Shrink-wrap licensing developed in the early days of software distribution. It seeks to create a contract between the customer and owner of the software governing the terms and conditions of its use.

The contractual terms of licence were set out in the outside of a package containing a medium (commonly a CD) through which the software was loaded onto hardware. The term of licence was visible through transparent plastic film and were deemed to be accepted by opening it.

The shrink-wrap licence does not fit easily with conventional mechanisms for contractual acceptance. Questions may arise as to acceptance where there is no prior opportunity to see the terms and conditions.

Its precise status is uncertain, although it was once commonly used.  To a large extent, the distribution of software over the Internet has obviated any issues in relation to contract formation. Typically, on Internet purchase acquisition, a clear sequence of offer and acceptance of Terms and Conditions occurs between the customer and software supplier.

Supply of Bespoke Software

Where the software is bespoke, there is likely to be a supply contract dealing the licensing of the use. This will often be part of a more extensive contract which covers all issues regarding the development and delivery of bespoke software.

In bespoke contracts, all or some intellectual property rights may vest in the customer.  In general, when a work is commissioned, the copyright remains with the creator and not the party who has commissioned it. The contract will commonly have a contrary provision

Cloud Computing

Cloud computing involves data storage at a remote location to and from which it is transmitted to and from computers devices. It allows backup and storage in a manner that is easy to retrieve. It facilitates content sharing. Data is accessed from the cloud on demand rather than being stored locally. In effect, the cloud is a central repository of enormous data. Much the same issues as arise with digital information generally apply with the cloud.

The use of cloud storage and software raises much the same issues as digital media generally It raises data protection and privacy issues.Services may be sold by a means of access to cloud proprietary data such as video, music, images etc. Provision is made for access through the platform to the relevant digital media.

Cloud-Based Services

Cloud services involve the provision of hardware and software remotely as required. Infrastructure may be provided as a service including the server, storage, and equivalent over the Internet and on demand.   This has changed the contracting environment to a significant extent.

The customer may be provided with a foundation on which it may install and run its own applications. A platform is a service, which gives the customer access to the basic infrastructure together with operating systems.  The resources are then accessed through the Internet when required.

With software as a service, payment is generally made on the basis of use. The customer avoids the necessity of having its own server and storage. Maintenance and upgrading are undertaken by the provider on an ongoing basis. Customers pay for processing and storage as they require it. It reduces the requirements for businesses to have their own in-house IT facility.

Public and Private Cloud Services

Cloud computing may facilitate sharing by users within a single organisation. Large entities may utilise an internal cloud and share computing resources throughout an organisation. They may communicate with subsidiaries in different countries. The service may be outsourced to a third-party supplier. Bespoke development may be expensive

A public cloud is outsourced and is provided to numerous but is in standard form. The service may be accessed remotely over the Internet. A public cloud involves considerable data and privacy issues, security issues. There are risks in terms of storage of data, security, restricting access and retrieval.

There may be hybrid elements involving a public and private cloud.  The hybrid version binds elements of the public and private model. This allows the efficiencies in terms of scale while maintaining individual user’s control over essential applications and data. Businesses must ensure that their data may only be accessed or processed in accordance with the terms of consents which they hold from the requisite parties.

Cloud Computing Services Terms of Contract

Cloud computing services are often provided by large-scale providers who can offer their services on a basis that is favourable to them. They usually give minimal warranties as to performance. Above refers to public cloud providers.

Contract with private cloud providers’ clouds may be negotiated specifically, particularly in the case of larger organisations.

Security on clouds providers may be more efficient the other systems the levels of security and encryption are usually higher or more sophisticated. This may facilitate home working, n allowing direct logging into a system rather than the use of memory keys which may present a higher security risk.

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Implied terms, liability issues, outsourcing, privacy overview.

Assignment of Contract

Jump to section, what is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

Assignment of Contract in Real Estate

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

• Direct mailers
• Place newspaper ads
• Make posts in online forums
• Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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I'm an experienced trademark attorney and enjoy helping clients protect and grow their brand names through trademark registration and enforcement. I've worked with a wide variety of clients in different industries, including e-commerce, software as a service (SaaS), and consumer goods, to register trademarks for product names, logos, and slogans, both in the US and abroad.

I am a lawyer who helps small businesses, nonprofits, and startups with a wide variety of agreements, corporate formation, and corporate governance. ​ I earned my BA from Tulane University and my JD from the University of Chicago Law School. Before starting my own practice, I worked at an international law firm in New York City. ​ Outside of work, I am on the board of the nonprofit Seattle REconomy (which runs the NE Seattle and Shoreline tool libraries) and I enjoy gardening, baking bread, and outdoor activities with my spouse and two dogs.

Stirk Law is a law firm based in London that advises on dispute resolution, commercial and corporate arrangements, employment and private wealth. We are experts in our areas and experienced in advising on complex and high value matters in the UK and internationally. We have extensive onshore and offshore experience across a variety of areas such as the administration of trusts together with complex fraud and trust disputes. Our expertise includes the conduct of significant and high-value cases valued at up to in excess of £1 billion over a combined 40 years of legal practice in England, Jersey and Guernsey. As well as having a large international network, we work closely with a corporate investigations and risk advisory business based in London and Vienna. Together we can deliver a holistic service for cases involving fraud, dissipation of assets or other illegal activity.

Talin has over a decade of focused experience in business and international law. She is fiercely dedicated to her clients, thorough, detail-oriented, and gets the job done.

Results oriented business attorney focusing on the health care sector. Formerly worked in Biglaw doing large multi-million dollar mergers and acquisitions, financing, and outside corporate counsel. I brought my skillset to the small firm market, provide the highest level of professionalism and sophistication to smaller and startup companies.

Mr. LaRocco's focus is business law, corporate structuring, and contracts. He has a depth of experience working with entrepreneurs and startups, including some small public companies. As a result of his business background, he has not only acted as general counsel to companies, but has also been on the board of directors of several and been a business advisor and strategist. Some clients and projects I have recently done work for include hospitality consulting companies, web development/marketing agency, a governmental contractor, e-commerce consumer goods companies, an online apps, a music file-sharing company, a company that licenses its photos and graphic images, a video editing company, several SaaS companies, a merchant processing/services company, a financial services software company that earned a licensing and marketing contract with Thomson Reuters, manufacturing companies, and a real estate software company.

12 Year PQE Lawyer with wide experience in sports, media and tech.

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• Guide to Ending a Tenancy
• Student Specific Accommodation
• Sample Notices of Termination

Subletting and Assignment

On this page you will find information on what subletting and assignment involve in a tenancy and what the rights and responsibilities of tenants and landlords are in this area. It is important this is understood at outset of a tenancy.

• Types of Tenancies and Agreements

Page contents

What is subletting, what is assignment.

Subletting occurs when a tenant permits another party to lease the rental property that the tenant has leased from the landlord. The tenant then assumes the position of landlord (known as the head tenant) in relation to his or her subtenant. Subletting usually occurs because the tenant has signed a  fixed-term lease  and wants, for whatever reason, to get out of the lease before it expires. Subletting can only take place with the consent of the landlord.

Where a landlord refuses the tenant the option of subletting, the tenant can serve a  notice of termination  to end the tenancy if they so wish.

Subletting is not available in Approved Housing Body tenancies.

What is assignment?  

Assignment is where a tenant transfers his or her entire interest in a tenancy to a third party. The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now deals directly with the Landlord.  

If a tenant assigns a Part 4 tenancy to a person other than a sub-tenant, the protection provided by a Part 4 tenancy ceases.  The new assignee will require 6 months of continuous occupation in the dwelling before qualifying for Part 4 tenancy rights. 

If a tenant assigns a dwelling to an existing sub-tenant, the Part 4 tenancy will continue to exist in favour of the new assignee for the remaining period of the original Part 4 tenancy and the assignee becomes the tenant of the Landlord.  

Assignment can only take place with the consent of the landlord.  Where a landlord refuses an assignment of a fixed term tenancy, a tenant can serve a notice of termination on the landlord.  

Tenants of Approved Housing Bodies are not permitted to assign or sublet the tenancy.