The Real Estate Expert

Council House Exchanges

July 4th, 2009

Are you a council tenant or housing association tenant wanting to move home? Mutual Exchanges, for many, maybe the only option afforded to them in the pursuit of a property and area that meets their needs. When you do a mutual exchange the tenants involved swap tenacies replacing their old obligation to the old landlord with the new tenancy agreemant for their new home.

Under Section 92 of the Housing Act 1985 all secure council tenants of have a right to Mutual Exchange with another secure council tenant. This was further extended by the Local Government and Housing Act 1989, which allowed secure council tenants to also exchange with assured tenants of registered housing associations or charitable housing trusts. However, many of these have opted out of providing information about their tenants wishing to exchange leaving the tenants to search various media to acquire this information.

Is your landlord a council or a housing association if so and you are unhappy with your current accommodation then you can arrange a Home Swap with another council or housing association tenant. There are some housing association properties that do have the right to buy, so if that is a specific requirement for you when considering a mutual exchange verify this with the tenant in question. A mutual exchange between tenants could very well be the quickest if not only way of moving to a property and/ or of your choice. For tenants of registered social landlords swapping your tenancy with another tenant is often the only way of moving around an area. With there being a housing crisis in many areas of the country the councils and housing associations are unable to provide transfer properties for the majority of their tenants wishing to move. Mutual exchanges for many maybe the only option afforded to them in the pursuit of their ideal property and area.

Finding a new home that adequately meets your requirements can take many years and may never happen if left to your social housing landlord to provide. Many councils, housing associations and charitable housing trusts no longer provide this service. More and more tenants are being directed to websites by their social housing landlords to find their own mutual exchanges.

When tenants are mutually exchanging the landlords in question try as far as is possible to make sure that non of the tenants are taken advantage of by (any) other. This consists of the landlord inspecting their property to make sure that it is in a good state of repair before agreeing to allow the mutual exchange. Other factors such as: rent arrears; social conduct; under/over occupancy and tenant history are also taken into account by the landlord when agreeing the mutual exchange.

Now that the councils and housing associations do not help to arrange any mutual exchanges there is little recourse to somebody who has mutually exchanged. Make sure that you do have a viewing, more than one to make sure, look out for unfinished work as once you sign the tenancy you will become responsible for it. The housing officer in charge of the property will also have a look to make sure that it is in a reasonable state of repair before agreeing to the mutual exchange.

When you arrange a Mutual Exchanges be aware that it involves the swapping over of tenancies and tenant responsibilities. So prior to agreeing to exchange make sure that you view the property which you are wishing to exchange to thoroughly, even going back for a second viewing if required. Once the new tenancy is signed you become responsible for any damage or work required on the property as you have been seen to accept them on signing.

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