MUTUAL EXCHANGES EXPLAINED

Transcription

1 MUTUAL EXCHANGES EXPLAINED HAFOD HOUSING ASSOCIATION July 2013

2 ABOUT THIS BOOKLET This leaflet has been designed to help explain how mutual exchanges work. CONTENTS 3 What is a mutual exchange? 3 Why mutually exchange? 3 How do I find a mutual exchange? 3 How can Homeswapper help you? 4 Homeswapper is easy 5 Do I have any other options? 5 Can anyone apply for a mutual exchange? 5 Can I apply for a mutual exchange if I have an assured shorthold or starter tenancy? 6 What do I do? 6 Can more than two tenants exchange homes? 7 Now what? 7 Under-occupation 8 Decision 8 What happens next? 9 What if I move without applying for permission? 9 Contrived exchanges 10 Do I have the right of appeal 10 Cancelling an exchange 10 Gas & electric safety check 11 Useful tips 12 Contacts 2

3 WHAT IS A MUTUAL EXCHANGE? A mutual exchange is where two or more tenants exchange (swap) their tenancies and their homes. WHY MUTUALLY EXCHANGE? For many tenants finding a mutual exchange is the quickest way to move to another area, or obtain a larger or smaller home. HOW DO I FIND A MUTUAL EXCHANGE? HomeSwapper.co.uk is the UK's largest service helping people like you swap homes. In the past year HomeSwapper has helped over 25,000 tenants move home! HOW CAN HOMESWAPPER HELP YOU? If you live in a rented council or housing association house you can swap your home. It's simple they match tenants who want each other's homes. 3

4 HOMESWAPPER IS EASY 1 2 Register online at They automatically match you to any potential swaps They or SMS text you with details of those matches You use that information and find your home GREAT NEWS! AS WE ARE A HOMESWAPPER PARTNER IT IS FREE FOR YOU TO USE THE SERVICE! JOIN HOMESWAPPER AND THEY WILL: Search for matches for you 9/10 tenants get matched in less than 24 hours. Tell you by or text about new matches plus add them to your private area of the website. Give you full access to their search facility including names and numbers of people who want your home. 4

5 DO I HAVE ANY OTHER OPTIONS? Alternatively you can contact other housing associations or the local authority and ask to see if they hold exchange lists. Finally you may wish to place an advert in your local shop or paper or rely on word of mouth. Once you have found someone you are interested in exchanging homes with, contact us (by telephone or in writing). We will send you the appropriate forms to apply for an exchange. We advise you to visit the other property and carefully check it out before you make your application. CAN ANYONE APPLY FOR A MUTUAL EXCHANGE? Yes, if you are a local authority tenant or housing association tenant, with an assured or secure tenancy you can apply for a mutual exchange. (please note if you have rent arrears or have had a complaint of anti social behaviour made against you this can delay the process) CAN I APPLY FOR A MUTUAL EXCHANGE IF I HAVE AN ASSURED SHORTHOLD TENANCY OR STARTER TENANCY? No, unfortunately tenants on assured shorthold or starter tenancies do not have any legal right to exchange. In your case you will have to wait until the assured shorthold or starter tenancy converts to an assured tenancy (twelve months from the start of your assured shorthold or starter tenancy) and then you may apply for an exchange. 5

6 WHAT DO I DO? First you need to find someone to exchange or swap your home with. Remember, the other person must also be a tenant of a housing association or a local authority. Then you need to complete an exchange request form. The person you wish to exchange with will also need to complete a request form (forms are available from us). Both forms should be returned to us. The other person(s) you wish to exchange with should apply to his / her / their own landlord, giving them your details. CAN MORE THAN TWO TENANTS EXCHANGE HOMES? Yes, it is not unusual for more than two tenants to mutually exchange (swap) homes. These are dealt with in the same way as two-way exchanges, with the addition of other parties involved. 6

7 NOW WHAT? When we receive your request, we will confirm we have received it in writing. A visit will then be arranged to confirm your details and check your tenancy records as well as the condition of your home to confirm you are eligible to exchange. Both sets of landlords will check for the following: Your tenancy Rent arrears Damage to the property Notices of Seeking Possession Court Orders Under-occupation or over-occupation Suitability of the property you wish to move in to i.e. type and size of property Outstanding recharge invoices Outstanding court costs These checks will require visits to be carried out to your home if your tenancy records as well as the condition of your home are satisfactory the Association will then send a report to the other tenant s landlord. The other landlord will be processing the request to exchange homes in the same way and once satisfied they will send their tenant s information to us. UNDER-OCCUPATION Mutual exchanges may be refused if by moving you substantially under occupy the property. The definition of substantially under-occupying a property is having one bedroom more than your household needs. For example: A single person / couple living in a one bedroom property may be allowed to exchange into a two bedroom property because it is not more than one bedroom more than their needs. However permission to move into a three bedroom property will be refused because the three bedroom house is more than one bedroom more than their needs. 7

8 DECISION Once both sets of landlords have visited their tenants and exchanged information, a decision will be made. We will give you a decision within 42 days (six weeks) whether you may exchange or not. You may be given one of the following decisions in writing: Refusal Conditional Acceptance Acceptance Refusal If you are refused a mutual exchange you will be told of the reason for this refusal. Conditional acceptance You may be allowed to mutually exchange homes on condition you fulfil any obligation of your tenancy agreement, such as clearing your rent account or carrying out repairs to any damage in your home. WHAT HAPPENS NEXT? Once permission has been granted, we will discuss with you when you want to move and arrange a date with the other landlord. You will then be notified in writing when you will need to sign the appropriate paperwork to exchange, specifically you will need to sign legal documents to assign your tenancy to the other party in the exchange. An appointment will be made and a date agreed when the transfer of the tenancy into the other tenant s name will be agreed. Please remember that when you assign your tenancy with another tenant you are taking over their tenancy and all the rights and obligations that go with it. The other tenant takes over your tenancy with all the rights and obligations. When you sign the assignment forms a date will be provided after which you are free to move into each other s homes. You should then finalise your removal arrangements and move your belongings into your new home. 8

9 WHAT IF I MOVE WITHOUT APPLYING FOR PERMISSION? If you swap homes with another tenant without permission, you will lose the security of your tenancy agreement and you can be evicted. In addition, if you were in receipt of housing benefit to help pay your rent, this would be cancelled and you would have to find an alternative method of payment. Hafod Housing Association will ask both sets of tenants to move back into the property they have a legal tenancy agreement for. If you fail to do this, legal action will begin which could lead to the loss of your home. REMEMBER TO ALWAYS ASK FOR PERMISSION IN WRITING AND MAKE SURE THAT PERMISSION HAS BEEN GRANTED TO YOU IN WRITING! CONTRIVED EXCHANGES If the Association discovers that an exchange has been contrived legal action will take place. A contrived exchange can be for example an exchange that takes place where one of the parties does not intend to occupy the other property after the exchange takes place. 9

10 DO I HAVE THE RIGHT OF APPEAL? Yes, if you have been refused an exchange and you are not happy with the decision, you may write to the Neighbourhood Housing Manager to appeal. The Neighbourhood Housing Manager will consider your circumstances, verify the facts and then write to you with their decision. CANCELLING AN EXCHANGE If you wish to cancel your mutual exchange please contact us to inform us of your decision. Do not forget that a mutual exchange is a voluntary process and if you do not wish to proceed you may pull out at any moment. GAS AND ELECTRICITY SAFETY CHECK After you have moved into your new home (after assigning your tenancy) the Association will contact you to carry out a gas and electricity check to ensure your home is safe for you to live in! 10

11 DO YOU HAVE ANY USEFUL TIPS? Yes, remember a mutual exchange is a voluntary process that can be ended by either party up to the point of signing the assignment of tenancy documents, so we recommend you do not book any removal vans until these forms have been signed. We also recommend you consider the following: Look at the size and type of the property you want to exchange into and make sure it is suitable for your needs. Make sure you will be happy with the neighbourhood, including local shops, schools, transport etc to ensure they meet your needs. Visit the other property before asking permission to mutually exchange. Is it clean? Look for any signs of damage such as broken glass, holes in walls or doors, or loose electrical switches / sockets etc as you may become legally responsible for repairing these items after you have exchanged tenancies. Check all the doors are in place. Often posters are used to hide holes in walls and doors, you may become liable for repairing this damage after you exchange. Check if any furniture or flooring will remain (please note, we do not take responsibility for items left in properties) Do not pack up and arrange your removals until you are certain you are going to move and have signed your assignment forms. Don t forget if you claim housing benefit you will need to complete a new housing benefit form after you have moved home. 11

12 This document is available in other languages as well as in alternative formats on request CONTACT DETAILS Hafod Housing Association St Hilary Court, Vale Gate Business Park, Culverhouse Cross, CARDIFF, CF5 6ES Tel: Fax: Web: Hafod Housing Association Registered as a Charitable Housing Association under the Industrial and Provident Societies Act NO 18766R Registered with the Welsh Assembly Government NO L034 This document is available in other languages and alternative formats on request.