Part of our Tenancy Management Framework - Level 2 policy approval
1. Introduction
1.1. The purpose of this policy is to set out how we, will consider, manage and process all requests from residents wishing to carry out a mutual exchange of their property.
1.2. We are keen to promote mutual exchange as an effective way of meeting housing need and aspirations.
1.3. We meet the Regulatory Standards relating to mutual exchanges in that we:
- offer a mutual exchange service which allows relevant residents, to easily access details of all (or the greatest practicable number of) available matches without payment of a fee;
- publicise the availability of any mutual exchange service we offer to our relevant residents;
- provide support for accessing mutual exchange services to relevant residents who might otherwise be unable to use them.
2. Policy Statement
2.21. A mutual exchange occurs when two or more residents agree to exchange properties with written approval by us and any other registered landlord or local authority involved in the process.
2.2. We recognise that for many residents, mutual exchange is an important means to find a home more suitable to their needs, given the increasing pressure on the housing register.
2.3. We will undertake a series of checks which are documented within our Mutual Exchange Procedure.
2.4. We will consider all applications to assign a tenancy, by way of mutual exchange, in accordance with Schedule 3 of the Housing Act 1985, Schedule 14 of the Localism Act 2011 and all other relevant legislation. A decision will be provided in writing, with clear information on any reasons for refusal, within 42 days of receiving all parties’ application forms.
2.5. We will not allow an exchange to a property that would be under occupied by more than one bedroom.
3. Resident’s responsibilities and rights
3.1. Residents are responsible for making all checks into the suitability of the property they propose to move to.
3.2. Residents should take into consideration any impact a mutual exchange could have on their right to buy or right to acquire.
3.3. Residents seeking to exchange will be expected to have clear rent and sundry debt accounts and no other breaches of tenancy conditions. However, in certain circumstances where requests are received from residents with rent arrears or breaches of tenancy conditions, we will consider giving ‘conditional consent’ (Section 92 (5) Housing Act 1985). This means, consent can therefore be granted on the condition of the resident paying money owed or remedying any other breach of tenancy conditions for example, repairs, clearing gardens, unauthorised alterations (excluding breaches relating to health and safety or anti-social behaviour (ASB), which will be reviewed separately). We cannot impose any other conditions that are not linked to the breach of tenancy.
3.4. Residents are responsible for carrying out their own visual inspection of the property before the exchange takes place and for making any agreements or arrangements regarding the condition of the property with the outgoing resident.
3.5. Incoming residents have the same right to repair for repairs that are the landlord’s responsibility as other Fairhive residents. Responsibility for any repairs that were the responsibility of the outgoing/former resident will pass to the new/incoming resident, as they agree to accept the property ‘as seen’.
3.6. Assured Shorthold resident’s rights:
Residents with an Assured Shorthold Tenancy do not have a statutory or contractual right to exchange, e.g. Starter Tenancies and Periodic Tenancies.
3.7. Assured tenant’s rights:
For assured ‘tenants’ with a contractual or discretionary right to exchange, we will adopt the principles in Section 94 (4) Housing Act 1985. This means parties exchanging must not offer or accept any money or other incentive in connection with the exchange.
4. Monitoring
4.1. We will process all mutual exchange applications and give a decision in writing either refusing or permitting the exchange within 42 days of receiving all parties’ application forms. This will be monitored by the housing management system, SwapTracker and mutual exchange process.
4.2. Details of mutual exchanges are reported within the Statistical Data Return (SDR).
5. Impacts
Resident/Implications –
This policy and any relevant amendments to the document have been discussed and agreed with the Resident’s Forum group.
Employees within each of the teams involved with the policy and procedure will receive relevant training and will be made aware of any changes to legislative and regulatory requirements.
Equality, Diversity & Inclusion –
This policy will conform to all Equality and Diversity legislation and requirements set out by the Group’s Equality Diversity and Inclusion Policy.
Value for Money –
Our Mutual Exchange Procedure details the checks that will be made for every application and we will seek to clear all rent areas before applications are accepted.
Data Protection –
All due care is taken to protect data held by us and in particular, we ensure we keep all resident data secure and meet with data protection requirements.
Accountability –
This policy has been revised following consultation with the Residents’ Forum.
Quality –
We look to ensure that our residents are safe in their homes by supporting the provision of well-maintained homes which are in line with legislative and regulatory requirements.
When things go wrong –
Residents can communicate concerns through our formal channels.
6. Related legislation and other documents:
Title:
Schedule 3 of the Housing Act 1985
Schedule 14 of the Localism Act 2011
Equality Act 2010
Human Rights Act 1988
Allocations Policy, Section 15
Equality, Diversity & Inclusion Policy
Tenancy Fraud Policy
Rent Arrears Prevention and Recovery Policy
Individual Tenancy Agreements
| Author | Lisa Mortimer |
| Job title | Allocations & Lettings Service Manager |
| Date approved | September 2024 |
| Review due date | September 2027 |
