Mutual Exchange

You may wish to exchange your home if:

• Your property is too large or too small
• You need to move closer to family, work, or education
• You require a property better suited to health or accessibility needs
• You want a different area or type of home
• Your circumstances have changed.

Generally, you can apply for a mutual exchange if you:

• Hold a secure or assured tenancy. If you are unsure about what type of tenancy you have, please contact your landlord
• Have maintained your tenancy responsibly
• Obtain permission from your landlord before moving.

You may not be eligible if:

• Possession proceedings have started against you
• You have significant rent arrears
• You have breached your tenancy agreement
• The property has been adapted for a tenant with specific needs and the incoming tenant does not require those adaptations.

The HomeSwapper website can automatically find matches for possible Council houses or other social landlord exchanges. The service is free and secure for customers to use.

You can register at www.homeswapper.co.uk and once we have approved your entry onto the website, you will be able to access information about other exchange properties within North East Derbyshire as well as details of those wishing to move into North East Derbyshire from outside the District.

If you cannot create an account on HomeSwapper please contact your Neighbourhood Team on 01246 217670 who will be able to discuss ways in which they can support you.

Things to consider:

• Property size and layout
• Affordability
• Condition of property
• Local amenities
• Transport links
• Schools and healthcare facilities
• Garden responsibilities
• Parking arrangements.

You will need to think carefully before you consider exchanging, to ensure you are happy with the property you may move into and that you are aware of the rights and responsibilities of the tenancy you will be taking on. For example, if you have the Right to Buy, your right to this may change to Right to Aquire if you swap with a tenant of a housing association.

If you are unsure of your rights with your current home, and whether these will be affected by your proposed move, contact your landlord for advice.

Both parties must complete a mutual exchange application form. We will not consider any application until we have received all forms, which must be fully completed and signed.

You will need to provide:

• Tenancy details
• Household information
• Identification documents
• Consent from all parties involved.

Once the forms have been received, the Housing Team will check the application at this stage and let you know if there is any reason why the exchange cannot proceed. We will also contact the landlord of the person you want to exchange with and asking them to confirm the details of their tenant to ensure that they are eligible to exchange.

The landlords have 42 days, from receipt of the exchange forms, to make a decision on whether to approve a move.

The reasons a landlord can refuse an exchange are set out in the Housing Act (1985). The most common reasons for refusal are (and not limited to):

• A recent notice to seek possession or a court order has been served on the property due to a breach of tenancy
• The property is too big or too small for the family moving in, although we may allow you to move to a property which has one bedroom more or less than you need
• The property has been adapted for special needs and there is nobody with special needs moving into the property.

Once we receive your mutual exchange application, it will be registered by our Housing Team. We will then contact you and book a property inspection.

During the inspection, we will assess the condition of your home and identify any alterations or improvements that have been made. We will also highlight any repairs or works that must be completed before the exchange can go ahead.

The incoming tenant will receive details of any alterations made to the property and will be asked to accept responsibility for these as part of the exchange. This means they agree to take the property in its current condition.

Examples of alterations may include extensions, conservatories, sheds, outbuildings, or non-standard fixtures and fittings installed
by the tenant. Please note that landlords are not usually responsible for maintaining tenant-installed items or alterations.

Once the property inspection has been completed and any required works have been agreed, we will arrange a full electrical safety inspection. If repairs are required as a result of damage or unauthorised works for which you are responsible, you may be charged for the cost of those repairs.

A gas service of the heating system will also be carried out before the exchange is completed.

Your rent account must be up to date before the exchange can be approved and completed.

When all checks have been completed and approval has been granted, a date will be agreed between all parties involved, including both landlords where applicable. We will then arrange a sign-up appointment.

At the appointment, the incoming tenant will be required to pay their first week's rent and complete the necessary documentation.

Do not move home until:

• All assignment forms have been completed and signed
• Written permission has been received from all landlords involved in the exchange
• A formal exchange date has been agreed.

Financial Incentives Are Not Allowed

It is illegal to offer or accept money, gifts, or any other financial incentive to encourage a mutual exchange.

If this occurs, legal action may be taken, which could result in the loss of your tenancy.

A mutual exchange is a legal transfer (assignment) of an existing tenancy under housing legislation. It is not the creation of a new tenancy agreement.

Your new tenancy will begin on the date shown in the Deed of Assignment.

Please remember that Housing Benefit or the Housing Element of Universal Credit can only be paid when you are both the legal tenant and living in the property. If there is a delay between signing the assignment and moving into your new home, your benefit entitlement could be affected.

When a tenant moves into a property through a mutual exchange, they take on responsibility for the condition of the property, as if they were the previous tenant. That means that any damage, poor decoration, and rubbish clearance is the responsibility of the new household, in the same way as it was for the previous tenant(s).

You need to make sure that the property is clear of the previous tenant’s belongings before you move in. This includes outhouses, garages, gardens, and loft spaces.

We will not remove rubbish or belongings left by the previous tenant. Also ensure that you collect all keys to the property and outbuildings from the outgoing tenant as we do not hold keys for tenanted properties.

If a lock change is required, you will have to pay for it. 

A mutual exchange does not, however, affect our obligations and duties as a landlord. If the repair was one that we ordinarily undertook, because of fair wear and tear, then we would do it. However, if the repair came about because of inappropriate use, or malicious damage, even if that damage was by the previous tenant, we would not undertake the repair (or we might recharge the new household the cost of the repair).

On the day you move, remember to:

• Take gas, electricity and water meter readings at both your old and new homes
• Notify your utility suppliers of your move
• Update your address with relevant organisations, including benefits, healthcare providers, banks and insurers.

By following these steps, you can help ensure that your mutual exchange is completed smoothly and successfully.