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

You should check with your Landlord to find out what type of tenancy you have if you are unsure and if you are allowed to home swap.

Bear in mind that the place that you want to exchange with, will suit your needs. For example a Landlord may not agree to the home swap if you will be overcrowded in your new home or if you will have more than one spare bedroom.

You may also need a clear rent account when you are ready to swap your home.

In order to avoid disappointment, always check with your landlord first to see if you have the right to mutual exchange before you start looking to move.

 

 Grounds of refusal 

There are, by law, 11 grounds on which the Local Authority or Housing Association can withhold or refuse consent to a mutual exchange:

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.

 

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House Exchange is a joint initiative between Clarion Housing Group and 101Smart Ltd.

Clarion Housing Group Limited is a charitable registered society (Reg No 28038R).
Registered with the Regulator for Social Housing (Reg No LH4087) VAT No (675 646 394).
Registered office: Level 6, 6 More London Place, Tooley Street, London SE1 2DA.

101 Smart Ltd is a registered limited company in England (Reg No 5294196).
Registered office: Unit 15 Beech Avenue, Taverham, Norfolk NR8 6HW.