Council Tenants - Exchanging your home

What is a mutual exchange?

A mutual exchange is where you swap your property and your tenancy with another council tenant or tenant of a housing association. To do this you must be a secure tenant. If you are an introductory tenant, you do not have the right to exchange, although in special circumstances you may be allowed to swap your home. Mutual exchanges are often found to be a quicker method of moving house than a transfer.

In most cases when you carry out a mutual exchange you will also exchange or assign your tenancy rights with those of the tenant you exchange with. In order to exchange you will be asked to complete a Dead of Assignment and you may therefore want to seek legal advice.

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How can I apply?

To apply for a mutual exchange you must complete a: Mutual exchange application form. If you move without permission you may be evicted. On receipt of your form your details will be added to our mutual exchange list.

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Mutual exchange list

We have a list of tenants who want to exchange their properties. This list is produced on a monthly basis and is available for you to look at in each of our Customer Service Points. The list shows where the tenant lives, what type of property they live in and what sort of home they want. You are however, free to find an exchange partner by other methods.

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Completion of the exchange process

We will inform you within 42 days from the date your  application form was received, as to whether you can exchange properties. If you are told you cannot exchange your property you will be given a reason why.  Arrangements to exchange your home must not be made until you have obtained written approval from us.

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Reasons why we may refuse an exchange

• The property you or your exchange partner are moving to is either too large or too small.
• You have been served with a Notice Seeking Possession or a Possession Order has been made against you.
• Your home is one which is occupied as part of your job.
• The property you wish to exchange with has been specially adapted for people with disabilities and you do not have a need for such adaptations.
• The property you wish to exchange with is in a sheltered scheme, unless you qualify for sheltered accommodation.
• You have outstanding rent arrears, unless paid off in full, by the time of the mutual exchange.
• It has been found that money is being offered or has been offered or exchanged in relation to the mutual exchange.
• You are an introductory tenant.

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Conditions and repairs

Your property will be inspected as part of the exchange process. This inspection will assess whether there are any alterations or conditions that must be put right before the exchange is allowed to go ahead. If the property is in a neglected or damaged condition, consideration may be given to taking tenancy action against you. The exchange will not be allowed to proceed until this is resolved. If there are minor issues such as poor decorations this may be acceptable to the incoming tenant.

When you exchange you must satisfy yourself that you are happy with the condition of the home you are moving into, just before you move. You will take on responsibility for any alterations and damage done to the property by the outgoing tenant. The council will not maintain or put right any works as a result of DIY improvements. This responsibility will be yours once you move in. For example:

• A non standard kitchen fitted by the previous tenant will be yours to maintain.
• We will not rewire to any light fittings that belong to the tenants.
• Laminate floor coverings have to be lifted to allow essential maintenance work. This will become your responsibility.

An electric and gas test will be done on the day of exchange and you must allow access for this. This is for your own health and safety an that of your household.

It is imperative that you check the property just before you move, as damage by the other tenant cannot be put right after you move it. It will become your responsibility. Any agreement with the other tenant about what is left or taken is an agreement between you and the other tenant. You may want to get legal advice before you move if you have any concerns about this.

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Costs

When you have received written permission from your local Estate Management Team to carry out your mutual exchange, a date will be set for you to sign any paperwork. You must meet any costs incurred in moving.

It is illegal to offer or accept any money to carry out a mutual exchange.

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Contact us

For further information please contact your local Estate Management Team.

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