Mutual Exchanges

This page explains how Shepherds Bush Housing Association (SBHA) handles requests from tenants to exchange their tenancies.

What is a mutual exchange?
All tenants have the right to mutually exchange homes with other tenants. The exchange could be with another SBHA tenant, a tenant from another Registered Social Landlord (housing association) or with a tenant in Council housing.

Rights and responsibilities of exchange partners
Mutual exchanges are carried out by assignment. This means you will be taking over the rights and responsibilities of each other's tenancies, depending on who your landlord is and what type of tenancy you have. More information on this is available on 0208 222 7300.

Prior to a mutual exchange you will be visited by a surveyor and an Allocations Officer to check your property is in order. Any damage caused by the outgoing tenant must be rectified by the outgoing tenant before the mutual exchange will be agreed.

If you have any repairs that need to be done to the property before you move, you must report them to the Property Management department.

On exchange, some tenants' rights will change, for example:

• if you are a secure tenant and wish to exchange with someone with an assured tenancy you will keep your secure tenancy with the same rights and responsibilities, depending on who your landlord is
• a local authority tenant will take on the tenancy of the housing association tenant (either assured or secure)
• a local authority tenant exchanging with a housing association assured or secure tenant will lose the Right to Buy.

Rents
Mutual exchanges between assured tenants will take on the rent of the tenant they are exchanging with.

Secure tenants will take on the most recent registered rent set on the property they are moving in to.

Refusing mutual exchanges
Generally, it is a tenant's right to exchange. However, written approval from all landlords is necessary before the exchange can take place. There are a number of grounds on which a landlord can refuse an exchange. These are:

• where there is an outstanding possession order against either tenant for a breach of their tenancy agreement
• where the exchange partner would be moving into a home more than one bedroom larger or smaller than their present home
• where the exchange involves a property used for specialist housing which the incoming tenant would not require (i.e. a tenant who is not disabled intending to exchange into a home which has full aids and adaptations).

In some circumstances an exchange may be conditionally agreed i.e. agreed on condition that, for example, any arrears are cleared or any other breach of the tenancy condition is rectified before the exchange takes place.

Any tenants who mutually exchange without the written permission of their landlords will have acted unlawfully, and neither tenant will have any legal right to remain in the home they have exchanged into. If this occurs, if necessary SBHA will take legal action to recover the property.

Finding a mutual exchange partner
Tenants who wish to find an exchange partner should:

• register on the SBHA exchange list. Forms are available from Customer Services at our Essex Place Square office in Chiswick
• register with HOMESWAP. This national exchange partners system looks to match tenants who want to move to different parts of the country. This will be useful if you are looking for an exchange in another part of London or the South East for example
• look at the exchange register held at our Essex Place Square office in Chiswick
• look at the exchange registers held at their local council's offices and other Housing Associations.

How a mutual exchange application is dealt with
When a tenant has found an exchange partner both parties should complete an application form available from our Essex Place Square office in Chiswick.

A decision on the mutual exchanges must be given to all tenants involved within 42 days of the date of application. No arrangements to move should be made within this 42 day period until written permission is given to all exchange partners.

Once the request has been received, we will write to the other landlord involved (where the exchange is not between two SBHA tenants) and request a reference, based upon the information on size of household, tenancy issues, rent arrears history etc.

Once replies have been received to all of the above requests SBHA makes a decision on the exchange. The options are:

• refusal to the exchange
• conditional consent to the exchange
• consent to the exchange.

Where there are no grounds for refusal and no breaches of the tenancy conditions we will write confirming the exchange and asking the tenants to set a date for the exchange to take place. We will ask both tenants to come into the office to sign the Assignment forms.

If the exchange is refused or conditional approval is written the tenant will be written to with the details of the refusal or condition.