Go Back  British Expats > Living & Moving Abroad > Canada
Reload this Page >

Assignment of a Tenancy Agreement

Wikiposts

Assignment of a Tenancy Agreement

Thread Tools
 
Old Sep 25th 2013 | 11:17 am
  #1  
jimf's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2008
Posts: 3,448
From: Calgary
jimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond repute
Default Assignment of a Tenancy Agreement

Anyone got any experience or information on the legalities/procedures for assigning a tenancy agreement?
 
Old Sep 25th 2013 | 3:13 pm
  #2  
Banned
 
Joined: Apr 2009
Posts: 19,878
From: SW Ontario
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: Assignment of a Tenancy Agreement

You need to obtain the landlords consent. You are also liable for the rent in the event the sub tenant doesn't pay.

Forms: http://www.lawdepot.ca/contracts/canada/Alberta/
Info: http://landlordandtenant.org/lldurin...ssignment.aspx
 
Old Sep 26th 2013 | 1:28 am
  #3  
Almost Canadian's Avatar
Lost in BE Cyberspace
 
Joined: Aug 2005
Posts: 13,402
From: South of Calgary
Almost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond repute
Default Re: Assignment of a Tenancy Agreement

Originally Posted by jimf
Anyone got any experience or information on the legalities/procedures for assigning a tenancy agreement?
It's relatively straightforward by the nuances of what you can and what you cannot do will be governed by the tenancy agreement.

Section 22 of the Residential Tenancies Act sets of the legal framework for assignments. A copy of it is here: Residential Tenancies Act

Last edited by Almost Canadian; Sep 26th 2013 at 1:32 am.
 
Old Sep 27th 2013 | 11:36 am
  #4  
FirstRatofftheShipUK's Avatar
Forum Regular
 
Joined: Dec 2011
Posts: 255
FirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really niceFirstRatofftheShipUK is just really nice
Default Re: Assignment of a Tenancy Agreement

Originally Posted by Siouxie
...consent not to be unreasonably withheld.
 
Old Oct 2nd 2013 | 8:17 am
  #5  
jimf's Avatar
Thread Starter
BE Forum Addict
 
Joined: Apr 2008
Posts: 3,448
From: Calgary
jimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond reputejimf has a reputation beyond repute
Default Re: Assignment of a Tenancy Agreement

Originally Posted by Almost Canadian
It's relatively straightforward by the nuances of what you can and what you cannot do will be governed by the tenancy agreement.

Section 22 of the Residential Tenancies Act sets of the legal framework for assignments. A copy of it is here: Residential Tenancies Act
As I understand it when an agreement is assigned that means the original tenant no longer has any liability to the landlord and all liability goes to the new tenant ie it is quite different to sub-letting where the original tenant is still liable to the landlord?

Tenant has to ask for consent of the landlord to assign. What would be reasonable grounds for the landlord to object to assignment?

Would it be advisable to use a lawyer for the legal agreement to assign? Does the landlord sign the assignment agreement or is it just the original and new tenant?

I've recently moved into a new rented house. Unfortunately there was very little choice just at the time we had to move so if the opportunity arises to move I just want to understand what we would be entitled to do.
 
Old Oct 2nd 2013 | 8:58 am
  #6  
Almost Canadian's Avatar
Lost in BE Cyberspace
 
Joined: Aug 2005
Posts: 13,402
From: South of Calgary
Almost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond repute
Default Re: Assignment of a Tenancy Agreement

Originally Posted by jimf
As I understand it when an agreement is assigned that means the original tenant no longer has any liability to the landlord and all liability goes to the new tenant ie it is quite different to sub-letting where the original tenant is still liable to the landlord?
That will depend upon the terms of the assignment.

Originally Posted by jimf
Tenant has to ask for consent of the landlord to assign. What would be reasonable grounds for the landlord to object to assignment?
How much time have you got? There is nothing particularly technical about it. If two people discussing it would believe it is unreasonable, it likely is. The landlord may not want: a tenant that is a smoker; a tenant that works strange hours and may affect other tenants when coming and going; a tenant with pets; a tenant with a history of non payment of rent, etc.

Originally Posted by jimf
Would it be advisable to use a lawyer for the legal agreement to assign? Does the landlord sign the assignment agreement or is it just the original and new tenant?
That is a judgement call for you to make. The landlord may not sign and, if not, just the other two will sign. If I was drafting it, I would want the landlord to sign it, to provide evidence of his/her consent.

Originally Posted by jimf
I've recently moved into a new rented house. Unfortunately there was very little choice just at the time we had to move so if the opportunity arises to move I just want to understand what we would be entitled to do.
 
Old Oct 2nd 2013 | 9:06 am
  #7  
 
Joined: Sep 2008
Posts: 12,830
Aviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond repute
Default Re: Assignment of a Tenancy Agreement

Originally Posted by jimf
As I understand it when an agreement is assigned that means the original tenant no longer has any liability to the landlord and all liability goes to the new tenant ie it is quite different to sub-letting where the original tenant is still liable to the landlord?
As a landlord, I would not absolve the original tenant from liability. I would allow reassignment, however only with the caveat that should the assignee default, the original tenant remained responsible for unpaid rent and any damages without the need for me to go to court and seek redress from the assignee. I would never enter into such an agreement without legal advice.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices

Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.