Why we might refuse an exchange
There are several reasons why we may refuse a request for an exchange. We can refuse an exchange as long as we let you know why within 42 days of a formal request.
There are, by law, eleven grounds on which the local authority can withhold or refuse consent to a mutual exchange:
- Ground one - There is a possession order on the property
- Ground two - A notice of seeking possession has been served
- Ground two a - The tenant or any member of his household has behaved in an anti-social way and action including possession proceedings, injunctions, anti-social behaviour orders or demotion orders against them are in place or are being sought
- Ground three - The property is bigger than is needed by the family wishing to move into it
- Ground four - The property is not big enough for the family wishing to move into it
- Ground five - The property is tied accommodation
- Ground six - The landlord is a charity and the proposed new tenants moving into the property would conflict with the objects of the charity
- Ground seven - The property has special features that make it suitable for occupation by a physically disabled person who need it and if the exchange took place there would no longer be such a person living in the property
- Ground eight - The landlord is a housing association or housing trust that lets properties to particularly vulnerable people and if the exchange took place there would no longer be such a person living in the property
- Ground nine - The property is supported housing for people with special needs and if the exchange took place there would no longer be such a person living in the property
- Ground ten - The property is the subject of a management agreement where the manager is a housing association and there are specific arrangements in place in which the proposed new tenant is not willing to participate
If we consider that works done by you to your home would be unsafe for others to move in we will give you reasonable time to put this right before you move. Should you fail to do this then a notice of seeking possession will be served.
We can also impose a condition on your exchange, such as requiring you to pay off any rent arrears or to make good any damage to the property before you leave.