Mutual Exchange

Refusing consent to exchange

We will normally refuse consent to exchange if:

• The tenant is required to give up possession under a current court order;
• Proceedings for possession have started with the issue of a current Notice of Seeking Possession;
• Your home is substantially larger than is required by the proposed exchange tenant (one additional bedroom in excess of your housing need is acceptable);
• The exchange will result in overcrowding;
• The property is specifically adapted for a disabled person and the proposed exchange tenant has no need for such accommodation.

The Housing Act 1985 explains the grounds for refusing a secure tenant consent to mutual exchange:

Ground 1

The tenant or the proposed assignee is subject to a possession order or a suspended possession order.

Ground 2

A notice seeking possession is in force against the tenant or the proposed assignee under Grounds 1 - 6 of Schedule 2 of the 1985 Act or possession proceedings have begun against either party on one or more of those grounds.

Ground 3

The accommodation is substantially larger than is reasonably required by the proposed assignee.

Ground 4

The size of the accommodation is not reasonably suitable for the needs of the assignee.

Ground 5

The dwelling forms part of, or is within the curtilege of, a building which is held mainly for non-housing purposes or is situated in a cemetery and was let to the tenant or his predecessor in connection with their employment with the landlord, or with a local authority, a new town corporation, housing action trust, Development Board for Rural Wales, or the governors of a grant-aided school.

Ground 6

The landlord is a charity and the proposed assignee' s occupation would conflict with the objects of the charity.

Ground 7

The dwelling is designed to make it suitable for a physically disabled person and if the exchange took place, no such person would be living in the dwelling.

Ground 8

The landlord is a housing association or housing trust which provides accommodation only for persons whose circumstances, (other than merely financial circumstances), make it especially difficult for them to satisfy their housing needs and if the exchange took place there would be no such person living in the dwelling.

Ground 9

The dwelling is one of a group that is let to persons with special needs, and a social service or special facility is provided close by in order to assist the tenants - if the exchange took place there would be no person with special needs living in the dwelling.

Ground 10

The dwelling is the subject of a management agreement where the manager is a housing association of which at least half the members are tenants subject to the agreement, and at least half the tenants of the dwellings are members of the association, and also that the proposed assignee is not such a member nor is willing to become one.

Additional ground for withholding consent to mutual exchange (Housing Act 2004)

An injunction order under Section 153 Housing Act 1996 or an anti social behaviour order or a Demotion Order or a possession order under Ground 2 for secure tenancies or Ground 14 for assured tenancies is in force or an application for one of those is pending either against the tenant, the proposed assignee or a person who resides with either of them.