Can a Mutual Exchange Request be Refused?

Housing 21 will grant consent to a mutual exchange where both our tenant and the prospective incoming tenant meet the eligibility as set out in this document.

Applications must be approved within 42 days, failure to do so gives the applicant an automatic right to carry out the exchange.

Schedule 3 of the Housing Act 1985 and the Localism Act 2011 set out the grounds for refusing a request. (Appendix 1)

The main reasons for refusals are

• The incoming tenant fails to meet the criteria for the Court including any minimum age requirements (in the unlikely event of a mutual exchange request for an Extra Care property the incoming tenant must go through the nominations panel/ process)
• A notice for arrears, asb or nuisance is in effect
• A possession or suspended possession order is in effect
• The move will create under occupancy or overcrowding
• The property has been adapted and the incoming tenant does not require these adaptations
• Money has been offered or paid to incentivise the move

Conditional Consent

Where there are low level rent arrears and a notice has not been served or there are outstanding repairs that are the tenant’s responsibility the exchange can not be refused but approval can be given on condition that theses issues are rectified before the exchange goes ahead. This conditional consent needs to be made in writing and issued within 42 days of receipt of the application.