Mutual Exchange FAQs

A mutual exchange is where tenants exchange homes and assign their tenancy to one another. Each tenant takes over the other tenancy.  New tenancy agreements are not normally signed. There is an exception to this if the swap includes a secure tenant whose tenancy started before 1 April 2012 and a tenant with a fixed term or flexible tenancy.

You must get permission from your landlord before you make any arrangements to move. Not every tenant is entitled to mutual exchange.  The person you want to swap homes with must also have permission from their landlord.

Email myhome@thanet.gov.uk or call 01843 577262 for advice.

No. You must wait until you become a secure tenant.

Special rules apply if your current tenancy started before 1 April 2012 and you want to exchange with a tenant who has a flexible or fixed term tenancy.  In these cases the exchange will normally be achieved by surrender and re-grant of new tenancies. This means that your tenancy will come to an end and you will be offered a new secure tenancy of the property you are exchanging to. The tenant you want to swap with will be offered a new flexible tenancy of your home.

There are some groups of tenants who are excluded from these arrangements including tenants who have:

• an assured shorthold tenancy for a fixed term of less than two years
• a periodic assured shorthold tenancy
• an assured shorthold tenancy where the rent payable under the tenancy is:

1. • affordable rent
   • intermediate rent
   • mortgage rescue rent
   • shared ownership rent

If you think that the person you want to swap with has a tenancy of this type email myhome@thanet.gov.uk or call 01843 577262 for advice.

Yes it could. When you exchage homes you take the terms and conditions of tenancy that the person you exchanged with has. If you are a secure tenant and your tenancy started before 1 April 2012 when you swap with someone who has a flexible tenancy your tenancy will end and you will be offered a new secure tenancy.  Your new tenancy will start after 1 April 2012.

This means that:

• if you move again you could lose your secure tenancy
• your family members (other than your spouse or partner) may no longer have the right to succeed to your tenancy when you die.

Email myhome@thanet.gov.uk or call 01843577262 for advice.

You cannot exchange while you owe rent arrears.

No. If you do not get permission to exchange first then you and the person you exchange with can be evicted and both lose your homes.

Yes, provided you meet the exchange criteria and the landlord agrees and gives permission for this.

Yes. You can exchange with another Local Authority, Housing Association or Arms Length Management Organisation tenant. As long as they have a secure or an assured tenancy. You must have written agreement from both landlords before the exchange can take place.

No. It is illegal to offer, or receive, money to carry out an exchange. You and the other person could both be evicted and lose your homes.

Your landlord can refuse to allow an exchange where there have been substantial adaptations. If your home has been adapted your landlord would need to carefully consider whether the person you are hoping to exchange with needs these adaptations. You should also consider carefully what adaptations you need as it may not be possible to provide these for the property you move to.

Your landlord has 42 days to process your request provided you and the person you want to exchange with have provided all the information needed.

Yes. You can withdraw at any time before you sign the ‘Deed of Assignment’. Once you have signed the deed you are no longer the tenant of your old property and cannot change your mind.

You should consider if you can afford the cost of moving home. This will include:

• removals
• new carpets
• disconnections and reconnections of cookers
• new school uniforms if your children change schools

If you are moving to a larger property you must also be sure that your claim for housing benefit will cover the full amount of rent for that property.

Any emergency repairs should have been reported and completed before you exchange your home. Any repairs reported by the tenant who formerly lived at the address will be dealt with in line with the repairs contract timescales. They will not be speeded up because of the exchange. Any repairs that are the tenant’s responsibility will have been identified for you before you move in. They will become your responsibility once you move in.

If your tenancy is in joint names the council must get the consent of the other joint tenant. All parties proposing the exchange must sign the application and Deed of Assignment.

Please email myhome@thanet.gov.uk or call 01843 577262 for advice.

No. You are responsible to make your own arrangements for your move and cover any cost of moving including:

• removals
• new carpets
• disconnections and reconnections of cookers
• new school uniforms if your children change schools

You are entitled to apply to the housing register from your new address and your application will be assessed in the same way as anyone else. Once registered you can bid for properties. However you must remember you may not have very high priority for a move and may not be able to bid successfully for an alternative property.

If we refuse a request to exchange homes we will always give you a reason for this.  If you are unhappy with our explanation you should email myhome@thanet.gov.uk or call 01843 577262 for advice.

If the person you exchanged with is willing to swap back you can reapply for an exchange and provided this is agreed by your landlord the exchange could go ahead.