As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property. It is always a subject of debate whether Deed of Assignment is a contract a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. We hope that you and your families remain safe and well.A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. We have put together a series of briefings on the subject of Covid-19 that you may find helpful. We are confident that we have properly balanced the safety of our staff with the needs of our clients, enabling us to continue business as usual. We appreciate that these are difficult times and people will have concerns and require urgent legal help. If you believe that you need to attend one of our offices, please call and arrangements will be made where possible. They are also available via video call and out of hours if needed.Īt this time, we would ask all clients to avoid attending our offices. We have a very small skeleton staff in the office supporting those who are working from home.Īll of team MSB have access to email and are contactable via their direct phone numbers as normal. We have put measures in place to ensure that almost all of our workforce are now working from home. We wish to reassure all of our clients that we are open for business and continue to provide our clients with the service that they expect. There was simply little evidence to suggest there had been a correctly executed and valid Deed of Assignment. This was predominately because neither the Claimant nor the Local Authority produced the Deed of Assignment. The Court dismissed the claim for possession and gave the Defendant judgement on her counterclaim. She was still the tenant. The Defendant counterclaimed for a declaration that she was the tenant of the flat. The Claimant then brought a claim for possession of the Property against the Defendant. The family court lacked jurisdiction and dismissed the case. The Defendant followed by bringing a claim in the Family Court against the Claimant for an Injunction, requiring her to permit the Defendant to occupy the property. This claim was struck out. Importantly, in that case the Local Authority could not locate the deed of assignment. In 2019 the Defendant brought proceedings against the council for a declaration she was the tenant in the High Court. In 2017 there was an application to assign the tenancy from the Defendant to the Claimant and the council told the Claimant that she was now the tenant. The Defendant had been a secured tenancy for approximately 19 years. The landlord was the Local Authority. In this case, the Claimant was the Defendant’s daughter. This case illustrates the importance of following your organisation’s internal procedures and highlights the significance of good record keeping. Think of it like one person (the ‘assignee’) stepping into the shoes of another person (the ‘assignor/original tenant’).Īn assignment does not mean that a new tenancy is signed, but that the existing (original) tenancy is transferred to somebody else.Īssignment was considered recently by the Central London County Court in the case of Cenolli v Cenolli. In a housing context, it is the transfer of a secure or assured tenancy during the lifetime of the tenant. Housing Management and Tenancy EnforcementĪn assignment is the formal transfer of a legal interest in land.Criminal Injury Compensation Authority Claims.Forced marriage, FGM and honour-based abuse.Divorce/Dissolution of a Civil Partnership.Employment Tribunal claims (including discrimination claims).Contracts of Employment, Policies and Procedures and GDPR.Road traffic offences and disqualifications.Proceeds of Crime Act (POCA) proceedings.House in Multiple Occupation (HMO) investigations.Crown Court and Magistrates Court proceedings.Business agreements, joint ventures and finance.Corporate and business structures and shareholder agreements.Intellectual property, data protection and social media law.Construction and engineering litigation.
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