Mutual Exchange
Under the 1985 Housing Act tenants have the right to exchange their tenancy with another tenant of the Association, a tenant from another Housing Association or a tenant from a Local Authority.
Tenants may only assign their tenancies with the written consent of the Association. A new tenancy is not created in these instances as the tenancy is assigned to the incoming tenant.This means that the incoming tenant accepts the property in the condition it is left in. Effectively the tenancies are swapped.
Mutual exchanges can be refused on specific grounds some of which are summarized below:-
- The property of either party being subject to a Notice Seeking Possession or immediate or postponed possession order.
- The exchange would create either overcrowding or under occupancy.
- The property is not suitable to their needs for example the property has been adapted for a person with special needs and/or physical disability.