Can I mutual exchange? Back

Secure, assured or fixed term tenants have the right to a mutual exchange

The law on mutual exchange is complex and a tenant’s right to exchange varies depending on the type of tenancy agreement you have. If you are unsure, you should always check with your Landlord to find out what type of tenancy you have and if you have the right to mutual exchange.

It important to remember when looking for a swap, that the home you would like, meets your needs and suits your requirements. For example, a Landlord may not agree to the home swap if it means that you would be overcrowded in your new home or that you have more than one spare bedroom. You may also need a clear rent account when you are ready to swap your home.

For example, the number of people who live with you, is used to work out how many bedrooms you are entitled to. Bedroom requirements are generally determined in line with the Local Housing Allowance (LHA) regulations. You are assessed as needing a bedroom for each of the following that you have in your household:  

• Every adult couple;  
• Any other adult aged 16 or over;  
• Any two children (aged under 16) of the same sex;
• Any two children (of any sex) under the age of 10;
• Any other child aged under 16;  

In order to avoid disappointment, always check first before you start looking to move.

Grounds of refusal

Your landlord will not unreasonably withhold permission to exchange but there are different sets of grounds for refusing a mutual exchange (MEX) application. Which set applies depends on the tenancy type you have. 

Your Local Authority or Housing Association may withhold or refuse consent to a mutual exchange based on the following grounds by way of assignment under Schedule 3 of the Housing Act 1985:

Ground 1: There is a Possession Order on the property.

Ground 2: A Notice of Seeking Possession has been served.

Ground 2a: The tenant or any member of his household has behaved in an anti-social way and action including possession proceedings, injunctions, anti-social behaviour orders or a demotion order against them are in place or are being sought.

Ground 3: The property is bigger than is needed by the family wishing to move into it.

Ground 4: The property is not big enough for the family wishing to move into it.

Ground 5: The property is tied accommodation.

Ground 6: The landlord is a charity and the proposed new tenants moving into the property would conflict with the objects of the charity.

Ground 7: The property has special features that make it suitable for occupation by a physically disabled person who needs it and if the exchange took place there would no longer be such a  person living in the property.

Ground 8: The landlord is a Housing Association or Housing Trust that lets properties to particularly vulnerable people and if the exchange took place there would no longer be such a person living in the property.

Ground 9: The property is supported housing for people with special needs and if the exchange took place there would no longer be such a person living in the property.

Ground 10: The property is the subject of a management agreement where the manager is a Housing Association and there are specific arrangements in place that the proposed new tenant is not willing to participate in.

Your landlord can also refuse a mutual exchange by way of surrender and granting tenancies under Section 158, Schedule 14 of the Localism Act 2011 using the Grounds below. Unless otherwise stated, the grounds for refusal are the same as those under Schedule 3 of the 1985 Act.

Ground 1: Any rent lawfully due from a tenant under one of the existing tenancies has not been
paid.
Ground 2: An obligation under one of the existing tenancies has been broken or not performed.
Ground 3: Same as Schedule 3, ground 1
Ground 4: Same as Schedule 3, ground 2 for Secure tenants
Ground 5: Same as Schedule 3, ground 2 for Assured tenants
Ground 6: Same as Schedule 3, ground 2A
Ground 7: Same as Schedule 3, ground 3
Ground 8: Same as Schedule 3, ground 4
Ground 9: Same as Schedule 3, ground 5, except employment may also be with a development corporation or an urban development corporation.
Ground 10: Same as Schedule 3, ground 6
Ground 11: Same as Schedule 3, ground 7
Ground 12: Same as Schedule 3, ground 8
Ground 13: Same as Schedule 3, ground 9
Ground 14: Same as Schedule 3, ground 10