MUTUAL EXCHANGE PROCEDURE Responsible Director: Responsible Manager: Housing Services Director Regional Housing Manager Estates Last updated: February 2015 Next update: Under Review
B4 Mutual Exchange Procedure Contents 2 Property Inspection... 3 3 Contacting the Other Landlord... 4 4 Consent... 4 5 Documents to complete... 5 6 New tenant... 7 7 Capita (Open Housing)... 7 8 Gas and Electricity Checks... 7
1. Application for Mutual Exchange 1.1 If a tenant wishes to mutually exchange, the tenant needs to complete an Initial Request Form (Appendix B.4.2). Once received at the office, the form should be date stamped and passed to the Estate Assistant. 1.2 As soon as the Estate Assistant receives a completed Initial Request Form a review of the exchange should be done. If there are obvious grounds for refusal (Grounds - Appendix B.4.1) a letter should be sent explaining the reason for refusal (Refusal - Appendix B.4.12). 2. Property Inspection 2.1 The Estate Assistant will arrange an inspection of the property. A letter should be sent to the tenant confirming this appointment. 2.2 The Estate Assistant should take note of any outstanding repairs which are NCHA's responsibility, any outstanding repairs which are the tenant's responsibility and any items that are to be disclaimed by NCHA, for example items being left by the outgoing tenant for the incoming tenant, in this case a Gifting Form (Appendix B.4.13) should be completed and signed by the incoming tenant. The Estate Assistant will complete the Property Inspection Form (Appendix B.4.9) and the outgoing tenant will sign it to confirm what has been agreed. 2.3 If the Estate Assistant is concerned or uncertain about any aspect of the inspection they will indicate on the Property Inspection Form that a Technical Inspection is required. The Estate Assistant will ask the Maintenance Team to book an appointment for the Technical Officer to attend the address to inspect within 14 days. 2.3 The Estate Assistant should explain the legalities of a mutual exchange and discuss any outstanding arrears or other breaches of the tenancy agreement. The Estate Assistant should outline the actions that the tenant should take prior to the exchange going ahead and the timescales for completing these tasks. 2.4 A further inspection of the property must be made by the Estate Assistant or Technical Officer to ensure the repairs have been completed to a satisfactory standard. 2.5 Damage caused by a tenant's vulnerability will be considered on a case by case basis with the Service Manager - Estates. 2.6 The incoming tenant may agree in writing to take on responsibility for repairing existing damage. It must be made clear to the incoming tenant that if they do not carry out the repairs within the agreed timescale, they will be recharged as per NCHA's Recharge Policy (all items of damage must be specifically listed).
2.7 Following the inspection, if there are no obvious grounds for refusal, a letter should be sent to the outgoing tenant confirming receipt of the application (Appendix B.4.3). This letter should be accompanied by an Application Form for Housing and the Disclosure Form - Outgoing Tenant (Appendix B.4.5) and the Impact of Tenure Changes letter (Appendix B4.5A) 2.8 A letter should be sent to the incoming tenant acknowledging receipt of the request (Appendix B.4.4). This letter should be accompanied by an Application Form for Housing, Exchanging Your Home (Appendix B.4.7) along with a copy of NCHA's Recharge Policy and Vacation Standard and the Impact of Tenure Changes letter (Appendix B4.5A). The Estate Assistant should ensure that the expectations of both parties in respect of NCHA's responsibility for repairs and the tenant s obligations in respect of rechargeable repairs is understood and accepted. 3. Contacting the Other Landlord 3.1 After the inspection the Estate Assistant should send the Mutual Exchange Landlord Report Form (Appendix B.4.8) to the other landlord. 3.2 If a response has not been received within 10 working days, the Estate Assistant should contact the landlord directly to enquire when a reply will be received. 3.3 The reference should be reviewed by the Estate Assistant and can be used to confirm approval, conditional approval or refusal of the exchange. However, it is not possible for NCHA to refuse an exchange or make consent conditional where the incoming tenant owes rent arrears or is in breach of their tenancy. In these situations, the other landlord will have to refuse consent or make consent conditional upon breaches of tenancy being rectified. 3.4 The Estate Assistant should also write a report to the landlord of the incoming tenant including all of the information contained on the Mutual Exchange Landlord Report Form (Appendix B.4.8). 4. Consent 4.1 Conditional Consent (to secure/assured/affordable Rent Fixed Term tenants) 4.1.1 The Estate Assistant should send a letter to the tenant giving consent for the exchange and outlining the conditions if any that are to be met before the exchange can go ahead (Appendix B.4.11). The Estate Assistant should ensure that these actions have been completed before signing any Assignment paperwork. 4.2 For flexible/fixed term (social rent) tenants covered by the Localism Act 2011 4.2.1 See Mutual Exchanges Policy section 3 for details.
4.2.2 For exchanges where one tenant is a fixed term assured shorthold tenant (social rent) of more than 2 years or a Local Authority flexible tenant, no conditions can be imposed on the exchange. Different grounds for refusing consent apply and these are found in Schedule 14 of the Localism Act 2011 (at Appendix B.4.1 (second part)). 4.2.3 The most common reasons for making an exchange conditional for secure and assured tenancies are instead grounds for refusing consent for Localism Act exchanges. 4.3 Unconditional Consent 4.3.1 If there are no grounds for refusal and no breaches of tenancy conditions, the Estate Assistant should send a letter to both the outgoing and incoming tenant advising that the exchange has been approved and an exchange date should be agreed (Appendix B.4.10) 4.4 Exchanging Without Consent 4.4.1 Where NCHA discovers that an exchange has taken place without prior permission being obtained, there are three options available: Allow the exchange and regulate the position by giving permission after completing the procedures retrospectively Insist that the tenants return to their original homes Terminate the tenancies by service of a Notice to Quit on the original homes and seek repossession. If an effective assignment has actually taken place it will be necessary to seek possession against the assignee for breach of the terms of the tenancy. 4.4.2 In most cases, option one will be the most suitable, unless the assignment causes problems with overcrowding, significant under occupation or other major tenancy problems, are revealed in the landlord report. 4.4.3 All such cases should be referred to the Service Manager - Estates for guidance. 5. Documents to complete 5.1 A mutual exchange for a fixed-term or flexible tenant under the Localism Act 2011 (see our Mutual Exchanges Policy) takes place by way of deed of assignment (Appendix B.4.14). 5.2 There should be three copies of the Deed of Assignment, one for the outgoing tenant, one for the incoming tenant and one for NCHA which should be attached to the original tenancy agreement. The incoming tenant should also be provided with a copy of the original tenancy agreement.
5.3 If 2 different landlords cannot sign new tenancies on the same day, then they should also complete an Agreement to Surrender (Appendix B.4.16) which allows surrender to take place on a date in the future. Never grant a new tenancy to the incoming tenant before NCHA s outgoing tenant has signed the deed of surrender or the date on the agreement to surrender has already passed. 5.4 For an assured or secure tenancy, a Deed of Assignment must be completed (Appendix B.4.14). This should be signed by both the outgoing and incoming tenant and witnessed by any adult not related to the person signing, usually an officer of NCHA 5.5 There should be three copies of the Deed of Assignment, one for the outgoing tenant, one for the incoming tenant and one for NCHA which should be attached to the original tenancy agreement. The incoming tenant should also be provided with a copy of the original tenancy agreement. 5.6 Assured/Secure/Fixed Term Affordable Rent tenants: 5.6.1 A Deed of Assignment must be completed for each property. Each tenant is the Tenant on the Deed of Assignment for their existing property and their exchange partner is the Assignee. Thus, if A lives in property 1 and exchanges with B living in property 2 then: A assigns property 1 to B, and B assigns property 2 to A. 5.6.2 The witness to the signature can be any adult not related to the person signing, usually an officer of NCHA 5.6.3 NCHA should retain the original copy of the deed and give the incoming tenant a copy along with a copy of the original tenancy agreement. 5.6.4 The Deed of Assignment is straightforward and does not require simultaneous signing by all parties. No new tenancy agreements are to be signed.
5.7 Where one tenant is a flexible/fixed term AST (social rent) under the Localism Act 2011: 5.7.1 A deed of surrender (Appendix B.4.15) must be completed by each tenant to surrender their existing tenancy. Arrange with the other landlord to sign documents on the same day if possible to avoid one party changing their mind after the other party has already surrendered their tenancy. If both tenants are NCHA tenants, then arrange to see them at the same time. If 2 different landlords cannot arrange to see the tenants at the same time (which is most likely when there is considerable distance involved between the current home and the new home) then complete an Agreement to Surrender as well. 5.7.2 Example: A lives in property 1 and is an assured periodic tenant of NCHA. B has a fixed term assured shorthold tenancy for five years, not on an affordable rent in property 2. A has agreement to exchange with B. 6. New tenant NCHA completes a deed of surrender with A. They then fax the deed of surrender to B s landlord. B s landlord completes a deed of surrender with B they then fax the deed of surrender to NCHA. NCHA then need to see B to sign the new tenancy. They can grant whatever tenancy and rent level their tenancy policy permits. B is not entitled to demand any particular type of tenancy. B s landlord needs to see A to sign a new tenancy. B s landlord must grant either an assured or secure tenancy and not, for example, a starter tenancy. A s tenure is protected under the Localism Act. The rent level is however entirely a matter for the new landlord. 6.1 The Estate Assistant should carry out the sign up procedure to complete the necessary Paperwork, including sign up notes and data protection forms. The Estate Assistant should provide an explanation of the Tenancy Agreement and Tenant Handbook. 7. Capita (Open Housing) 7.1 The Estate Assistant should create a mutual exchange partnership using the Capita (Open Housing) system. The Estate Assistant should ensure that the reason for termination is 'Mutual Exchange'. 8. Gas and Electricity Checks 8.1 The Estate Assistant should e-mail the Maintenance Department 7 days prior to the exchange date to request gas and electricity checks. The electricity and gas check should be done on the day of exchange.
Mutual Exchange Flow Chart Estate Assistant Technical Officer If letter, send application form for completion Application or letter received If obvious breaches refuse consent Initial review of case Give tenant appointment for inspection Advise Re: Condition of garden Cleanliness of property Rubbish Tenancy conditions & breaches Legalities of exchange Rent arrears Non standard fittings Letter 2 sent to tenant formally advising them of: 1. Consent to exchange 2. Conditional Consent to exchange 3. Refusal to exchange For 1 - give date for exchange For 2 - Give date for further inspection Inspection On return to office send tenant copy of Recharge Policy, Application Form for Housing and the Disclosure Form - Outgoing Tenant (Appendix B.4.5) and the Impact of Tenure Changes letter (Appendix B4.5A) Re-inspection by Estates and/or Maintenance if necessary Review Case MAX 42 DAYS Advise Re: Repairs to be completed before tenant is allowed to move Other repairs Recharging to be paid for before consent to exchange Non standard fittings Appendix B.4.1
Grounds for Refusal of Mutual Exchange Housing Act 1985 s91 (schedule 3) Ground 1 The tenant or the proposed assignee is obliged to give up possession of the dwelling house of which he is the secure tenant in pursuance of an order of the court, or will be so obliged at a date specified in such an order. Ground 2 Proceedings have been begun for possession of the dwelling house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 (notice of proceedings for possession) which specifies one or more of those grounds and is still in force. Ground 3 The accommodation afforded by the dwelling house is substantially more extensive than is reasonably required by the proposed assignee. Ground 4 The extent of the accommodation afforded by the dwelling house is not reasonably suitable to the needs of the proposed assignee and his family. Ground 5 The dwelling house: a) forms part of or is within the curtilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and b) was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being the employment of the landlord, a local authority, a new town corporation, the Development Board for Rural Wales, an urban development corporation, or the governors of an aided school Ground 6 The landlord is a charity and the proposed assignee s occupation of the dwelling house would conflict with the objects of the charity. Ground 7 The dwelling house has features which are substantially different from those of ordinary dwelling houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling house and if the assignment were made there would no longer be such a person residing in the dwelling house. Ground 8 The landlord is a housing association or housing trust which lets dwelling houses only for occupation (alone or with others) by persons whose circumstances (other
than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and if the assignment were made there would no longer be such a person residing in the dwelling house. Ground 9 The dwelling house is one of a group of dwelling houses which it is the practice of the landlord to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of dwelling houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling house. Grounds for refusal of a mutual exchange where one tenant is a flexible tenant or a fixed term assured shorthold tenant of more than 2 years on a social rent (Schedule 14 Localism Act 2011) GROUNDS ON WHICH LANDLORD MAY REFUSE TO SURRENDER AND GRANT TENANCIES UNDER SECTION 158 Ground 1 1. This ground is that any rent lawfully due from a tenant under one of the existing tenancies has not been paid. Ground 2 2. This ground is that an obligation under one of the existing tenancies has been broken or not performed. Ground 3 3. This ground is that any of the relevant tenants is subject to an order of the court for possession of the dwelling-house let on that tenant's existing tenancy. Ground 4 4.1 This ground is that either of the following conditions is met. 4.2 The first condition is that: 4.2a proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and 4.2b possession is sought on one or more of grounds 1 to 6 in Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which possession may be ordered despite absence of suitable accommodation). 4.3 The second condition is that:
4.3a a notice has been served on a relevant tenant under section 83 of that Act (notice of proceedings for possession), and 4.3b the notice specifies one or more of those grounds and is still in force. Ground 5 5.1 This ground is that either of the following conditions is met. 5.2 The first condition is that: 5.2a proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and 5.2b possession is sought on one or more of the grounds in Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which the court may order possession) 5.3 The second condition is that:- 5.3a a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and 5.3b the notice specifies one or more of those grounds and is still in force. Ground 6 6.1 This ground is that either of the following conditions is met. 6.2 The first condition is that a relevant order or suspended Ground 2 or 14 possession order is in force in respect of a relevant tenant or a person residing with a relevant tenant. 6.3 The second condition is that an application is pending before any court for a relevant order, a demotion order or a Ground 2 or 14 possession order to be made in respect of a relevant tenant or a person residing with a relevant tenant. 6.4 In this paragraph a relevant order means: 6.4a an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour), 6.4b an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour), 6.4c an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords), 6.4d an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998, or
6.4e an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003: a demotion order means a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988; a Ground 2 or 14 possession order means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988. Ground 7 7. This ground is that the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is substantially more extensive than is reasonably required by the existing tenant or tenants to whom the tenancy is proposed to be granted. Ground 8 8. This ground is that the extent of the accommodation afforded by the dwellinghouse proposed to be let on the new tenancy is not reasonably suitable to the needs of:- 8.a the existing tenant or tenants to whom the tenancy is proposed to be granted, and 8.b. the family of that tenant or those tenants. Ground 9 9.1 This ground is that the dwelling house proposed to be let on the new tenancy meets both of the following conditions. 9.2 The first condition is that the dwelling-house:- 9.2a forms part of or is within the curtilage of a building that, or so much of it as is held by the landlord: i. is held mainly for purposes other than housing purposes, and ii. consists mainly of accommodation other than housing accommodation, or iii. is situated in a cemetery. 9.3 The second condition is that the dwelling-house was let to any tenant under the existing tenancy of that dwelling-house, or a predecessor in title of the tenant, in consequence of the tenant or the predecessor being in the employment of: a. the landlord under the tenancy, b. a local authority, c. a development corporation, d. a housing action trust,
Ground 10 e. an urban development corporation, or f. the governors of an aided school. 10. This ground is that the landlord is a charity and the occupation of the dwellinghouse proposed to be let on the new tenancy by the relevant tenant or tenants to whom the new tenancy is proposed to be granted would conflict with the objects of the charity. Ground 11 11.1 This ground is that both of the following conditions are met. 11.2 The first condition is that the dwelling-house proposed to be let on the new tenancy has features that: a. are substantially different from those of ordinary dwelling-houses, and b. are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house. 11.3 The second condition is that if the new tenancy were granted there would no longer be such a person residing in the dwelling-house. Ground 12 12.1 This ground is that both of the following conditions are met. 12.2 The first condition is that the landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to meet their need for housing. 12.3 The second condition is that, if the new tenancy were granted, there would no longer be such a person residing in the dwelling-house proposed to be let on the new tenancy. Ground 13 13.1 This ground is that all of the following conditions are met. 13.2 The first condition is that the dwelling-house proposed to be let on the new tenancy is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs. 13.3 The second condition is that a social service or special facility is provided in close proximity to the group of dwelling-houses to assist persons with those special needs.
13.4 The third condition is that if the new tenancy were granted there would no longer be a person with those special needs residing in the dwelling-house. Ground 14 14.1 This ground is that all of the following conditions are met. 14.2 The first condition is that: 14.2a the dwelling-house proposed to be let on the new tenancy is the subject of a management agreement under which the manager is a housing association, and 14.2b at least half the members of the association are tenants of dwelling-houses subject to the agreement. 14.3 The second condition is that at least half the tenants of the dwelling-houses are members of the association. 14.4 The third condition is that no relevant tenant to whom the new tenancy is proposed to be granted is, or is willing to become, a member of the association. 14.5 References in this paragraph to a management agreement include a section 247 or 249 arrangement as defined by 250A (6) of the Housing and Regeneration Act 2008.
Appendix B.4.2 Mutual Exchange - Initial Request Form Name: Address: Telephone Number: Date of Birth: National Insurance Number: Name: Sex: Age: D.O.B: Name: Sex: Age: D.O.B: REASON FOR EXCHANGE: NCHA Tenant Details DETAILS OF ALL PEOPLE WHO WILL BE LIVING WITH YOU Name: Sex: Age: D.O.B: Name: Sex: Age: D.O.B: Exchange Tenant Details Name: Address: Telephone Number: Date of Birth: National Insurance Number: Number of bedrooms: Name of Landlord: Address of Landlord: House/Flat/Bungalow DETAILS OF ALL PEOPLE WHO WILL BE LIVING WITH YOU Name: Name: Sex: Sex: Age: Age: D.O.B: D.O.B: Name: Name: Sex: Sex: Age: Age: D.O.B: D.O.B: REASON FOR EXCHANGE: Did you find your Mutual Exchange through Homeswapper? Yes / No PLEASE RETURN YOUR COMPLETED FORM TO YOUR REGIONAL HOUSING OFFICE
Initial Letter - Our tenant Appendix B.4.3 Dear Re: Mutual Exchange Thank you for your application to exchange with [Name] of [Address], which was received on [date]. Before the exchange can proceed further you should complete, sign and return the enclosed forms as soon as possible. You need to ensure that your rent account is clear before you exchange and that you ensure all your property is removed from the premises by the agreed date. You must not move out of your home until the Association has given its consent to the proposed mutual exchange, if you do so, you could lose your home. We have not given our consent yet. Please note that the exchange process takes between 6/8 weeks to complete and we will then let you know if we consent to the exchange. Should you wish to discuss any of these issues then please contact me at the above office. Yours sincerely, Estates Department Enc.
Appendix B.4.4 Initial Letter - Incoming Tenant Dear Re: Mutual Exchange: [Address of our property] I understand that you wish to exchange with [Name] of the above property. To enable me to deal with this request, please complete the enclosed forms and return to me in the enclosed pre-paid envelope. Our tenancy has an [Assured/Fixed Term/Secure] Tenancy and you would take this over by way of an assignment. The current rent of the property is «RENT» per week. This is set by the Association and is reviewed once a year. At the point of sign up we would expect you to pay upfront 4 weeks rent in advance i.e. (amount) N.C.H.A. has charitable status and therefore you would not have the Right to Buy. You must not move until the Association and your landlord have both given their consent to the proposed mutual exchange. If you do so, you could lose your home. If you wish to discuss any of these issues then please contact me at the above office. Yours sincerely, Estates Department Encs.
Disclosure Form - Outgoing Tenant Appendix B.4.5 To: Nottingham Community Housing Association Limited 12-14 Pelham Road Sherwood Rise Nottingham NG5 1AP Dear Sir/Madam It is my/our intention to exchange with: Name: Address: Telephone Number: Details of people who will be moving with you: Name Age Relationship Moving With You? I confirm that I have read NCHA's Recharge Policy and accept liability for any damage to the property that has been caused by myself or my visitors. I agree to repair/replace any items prior to the exchange going ahead. I understand that consent to the mutual exchange will not be granted until this work has been completed and agree to be recharged for this work if I am unable to complete it myself. Name:... Signed:... Date:... Tel No:...
Appendix B4.5A Re: THE IMPACT OF DIFFERING TERMS AND CONDITIONS OF TENANCY AGREEMENTS A mutual exchange means that you adopt the tenancy agreement that is already in place at the address you wish to move to. This is done by signing a Deed of Assignment. The current tenant literally assigns their tenancy to you and you assign your tenancy to them. You are strongly advised to consider the terms and condition attached to the tenancy you hold at your current address and compare it with the terms and conditions of the tenancy you are exchanging into as potentially you may lose some important Rights if you exchange into an NCHA Fixed Term tenancy. Here are some examples of the main differences you will see in a Fixed Term Tenancy but our Estates Team will be able to explain in more detail your particular circumstances. You must sign and return the enclosed copy of this letter to confirm that you have received this explanation. a) NCHA will not accept a request to change joint tenancy to sole or sole to joint during the fixed term b) Right of Succession only applies once on the death of the original tenant (not a successor to the tenancy) and will only be granted to a spouse or civil partner living in the property at the time c) There is no Right to Buy attached to a Fixed Term Tenancy and Right to acquire cannot be exercised if there is less than 2 years left to run on the fixed term or if it is a Mortgage Rescue property d) NCHA will accept the surrender of a Fixed Term tenancy prior to the end of the term but there is no Right to terminate and in the case of a joint tenancy both signatures are required e) Rents are set at 80% of the market rent are inclusive of service charges and re-based at the beginning of every new Term in addition to the annual rent review in April unlike Secure rents which are determined by the Rent Officer Service. f) The tenancy is terminated by the landlord at the end of the fixed term period by service of Section 21 Notice Requiring Possession. The end of the Fixed Term is a mandatory ground for possession and there is no obligation for your landlord to offer a new tenancy. If there have been no issues during the term it would be customary for a new Fixed Term tenancy to be offered but the rent will be re-based and may increase.
Right to Acquire schemes attract a discount from 9,000 to 16,000 on the market value of the property depending on where you live. The Right to Buy discount is based on how long you have been a tenant. Basically, the longer you have been a tenant, the more discount you get to a maximum of 75,000 UK-wide, extending to 100,000 in London. I have considered the impact of the differences in the terms and conditions of the tenancy agreements involved in this Mutual Exchange and have had the opportunity to discuss these in more detail with a member of the Housing Staff at NCHA. Signed.. Print Name Signed. Print Name Date
Appendix B.4.6 Disclosure Form - Incoming Tenant To: Nottingham Community Housing Association Limited 12-14 Pelham Road Sherwood Rise Nottingham NG5 1AP Dear Sir/Madam It is my/our intention to exchange with: Name: Address: Telephone Number: Details of people who will be moving with you: Name Age Relationship Moving With You? I confirm that I have inspected the property and accept it in its current condition. I confirm that the property meets my current needs and does not require any adaptations relating to a medical condition. Name:... Signed:... Date:... Tel No:...
Exchanging Your Home Appendix B.4.7 Prior to accepting a Mutual Exchange, you should be aware of the following: Once you exchange YOU take on responsibility for any alterations, disrepair or damage caused by the previous tenant You must take on the new property in the condition that you find it, NCHA will not carry out any repairs which were the responsibility of the previous tenant - these repairs become YOUR responsibility If improvements have been made by the previous tenant, these become your responsibility You will not be eligible for a decorations allowance Once you have exchanged NCHA will conduct gas and electric checks, you must ensure that you are available for these checks to be carried out. When you leave: You must ensure that the property meets NCHA's 'Vacation Standard' i.e. any non-standard fixtures/fittings such as light switches are replaced with standard fittings You must not take with you any fixtures or fittings that are NCHA's property e.g. kitchen units etc Please find enclosed a copy of NCHA's Recharge Policy and Vacation Standard Policy. I have read NCHA's Recharge Policy and Vacation Standard Policy and agree to these terms. Name:... Signed:... Date:...
Appendix B.4.8 Dear Sir/Madam Re: Mutual Exchange - Landlord Report Request I have received an application form from your tenant [Name] of [Address] to exchange to a property owned by Nottingham Community Housing Association. In order for me to consider this application please can you complete the enclosed landlord report form and return for my attention in the enclosed pre-paid envelope. If you have any queries, please do not hesitate to contact me at the above office. Yours sincerely Estates Department Enc.
Mutual Exchange Landlord Report Form Appendix 4.8.1 Property Details Property Address Property type Number of bedrooms Date of property inspection Comments on property condition Family Details Surname First name Date of birth NINO Relationship to tenant Tenant Tenancy and Rent Details Tenancy Start Date Conduct of Tenancy Reason for Exchange Tenancy Type Current Gross Rent As at (Date) Current Housing Benefit Current Rent Balance
Is a Notice Seeking Possession in force against the tenant, or have possession proceedings started? Yes No Details (including the Ground of possession used) Is the tenant subject to a possession order or a suspended possession order? Is a Demotion Order in force, or an application pending? Is an injunction order under Section 153 Housing Act 1996 in force, or an application pending either against the tenant, or a person who resides with them? Is an anti social behaviour order in force, or an application pending either against the tenant, or a person who resides with them? Are you aware of any risks that the tenant, or a person who resides with them, may present to NCHA staff or contractors? Does the dwelling form part of, or is within the curtilege of, a building which is held mainly for non-housing purposes or is situated in a cemetery and was let to the tenant or his predecessor in connection with their employment with the landlord? Is the dwelling designed to make it suitable for a physically disabled person? Is the accommodation only for persons whose circumstances, (other than merely financial circumstances) make it especially difficult for them to satisfy their housing needs? Is the dwelling one of a group that is let to persons with special needs, and a social service or special facility provided close by in order to assist the tenants? Is the dwelling subject to a management agreement? Completed by Position Signature Date
Appendix B.4.9 Mutual Exchange Inspection Report Name of outgoing tenants: Address: Officer Date of Inspection: General. Lounge: Entrance Hall Kitchen: Ground Floor WC: Stairs & Landing: Bedroom 1 Bedroom 2: Bedroom 3: Bathroom: Rear Garden: Electrics:
Visual Inspection of electrics and associated items i.e. consumer unit, outlets, spurs etc. carried out and found to be in reasonable order. Full wire test will be carried out in due course. Initial consent is hereby granted by Maintenance on condition that any repairs found during the survey which may have been listed below and being the responsibility of the outgoing tenant are carried out prior to the move.(reinspection to be carried out by Estate Assistant) The consent is also on condition that the incoming tenant accepts the non standard items etc also listed below under the heading 'Disclaimer' NCHA will also disclaim any damage or non standard items not seen during the survey i.e. hidden behind inaccessible doors or behind posters etc Outgoing Tenant Signature: Print Name: Date: Incoming Tenant Signature: Print Name: Date: Disclaimer: NCHA will not be responsible for the repair or future maintenance of the floor coverings, paving, blinds, shelves or curtain poles being left by the out going tenant Tenant repairs required None specific other than making good and decorations if not accepted by the incoming resident. NCHA repairs required
Appendix B.4.10 Consent Letter Dear Re: Proposed Mutual Exchange I have now received all of the information required to process your application for a mutual exchange. I am pleased to inform you that the Association consents to the mutual exchange. An appointment has been made to meet you and [name of exchange partner] on [date and time of appointment] at [the office/your home]. If you have your original tenancy agreement, please make sure you have this to hand on the day. You must not move out of your home until the deed of assignment has been completed. If you do so, you will be in breach of your tenancy and could lose your home. Yours sincerely, Estates Department
Appendix B.4.11 Conditional Consent Letter (DO NOT USE WHERE ONE TENANT HAS A FIXED TERM ASSURED SHORTHOLD TENANCY OF MORE THAN 2 YEARS ON A SOCIAL RENT OR FOR LOCAL AUTHORITY TENANTS WITH A FLEXIBLE TENANCY) Dear Re: Proposed Mutual Exchange I have now received all of the information required to process your application for a mutual exchange. The Association consents to your application subject to you complying with the following conditions: (delete as applicable) Paying the outstanding rent arrears of The following tenancy breaches being rectified: [list tenancy breaches] Carrying out the following repairs to your property: [list items of tenant damage] Please contact me when you have carried out this repair work so I can inspect it. Once you have complied with these conditions, I will arrange for the necessary paperwork to be prepared so the mutual exchange can be completed. The mutual exchange cannot go ahead until you have complied with these conditions. You must not move out of your home until the deed of assignment has been completed. If you do so, you will be in breach of your tenancy and could lose your home. Yours sincerely, Estates Department
Appendix B.4.12 Refusal Letter Dear Re: Proposed Mutual Exchange Further to your recent request for a mutual exchange with [insert name and address of exchange partner], I write to inform you that on this occasion your request has been refused as follows: Requests for mutual exchanges may only be reasonably refused on the specified grounds contained in Schedule 3 of the Housing Act 1985 or Schedule 14 of the Localism Act 2011 depending on the type of tenancy. The specific reason for refusal in this instance being: [insert ground either from Schedule 3 of the Housing Act 1985, if both tenants are assured/secure tenants or from Schedule 14 of the Localism Act if one of the tenants is a flexible tenant or an assured shorthold tenant on a fixed term for more than 2 years at a social rent.] Please inform your exchange partner of this decision. If you wish to appeal against this decision, please do so in writing to the address above, within 28 days of the date of this letter. You must not exchange without the Association's consent. If you do so, you will be in breach of your tenancy and could lose your home. Yours sincerely, Estates Department
Appendix B.4.13 Mutual Exchange - Gifting & Disclaimer Form Name : Address : Items to be gifted (please tick): X Item Description and location if relevant Cooker / Cooker and Hob (Gas or Electric) Fridge Fridge / Freezer Washing Machine / Washer Dryer / Dryer Carpeting Laminate Flooring Blinds
Curtains Electrical Fittings Furniture Shed Glazed Shower Panel over Bath Miscellaneous Acceptance of items I confirm that the above items have been gifted to me by the previous tenant as agreed for the purposes of a Mutual Exchange. I understand that I am responsible for any future maintenance of these items. I agree to remove them from the property at the end of my tenancy unless advised that they can remain by an NCHA Technical Officer. I understand that I am responsible for any damage caused to the property on removal of these items. Alterations 1) 2) I confirm that the above items have been altered by the previous tenant and understand that I have accepted these items in their current condition. I understand that if a future repair is required, NCHA may replace the component with that of a different supplier. Signed (tenant(s)) : Signed on behalf of NCHA: Date:
Appendix B.4.14 ASSIGNMENT OF TENANCY This DEED OF ASSIGNMENT is made the day of 20 BETWEEN.. (The Tenant) of... and.. (The Assignee) of..... WHEREAS: 1 By a tenancy agreement (The Tenancy Agreement) dated 20. and MADE BETWEEN Nottingham Community Housing Association of 12/14 Pelham Road Sherwood Rise Nottingham. (The Association) and the Tenant the Premises known as. (the premises) were let to the Tenant from. under weekly/monthly periodic tenancy (the Tenancy). 2 The current weekly/monthly rent payable under the Tenancy Agreement is.. and the Tenancy is otherwise subject to the terms and conditions contained in the Tenancy Agreement. 3 The Tenant has agreed to assign the Tenancy to the Assignee IN PURSUANCE of this Agreement, this Deed witnesseth as follows: The Tenant hereby assigns the Tenancy to the Assignee for the Assignee to hold under a weekly/monthly periodic tenancy at the current rent and subject to the terms and conditions contained in the Tenancy Agreement. The Assignee hereby agrees with the Tenant to pay the rent due at the times and in the manner specified in the Tenancy Agreement and to perform and observe all the terms and conditions of the Tenancy Agreement and to indemnify the Tenant against all actions and claims in respect thereof.
It is hereby certified that the transaction hereby effected does not form part of a larger transaction or series of transactions in respect of which the amount or value or aggregate amount of value of the consideration exceeds Thirty Thousand pounds. IN WITNESS whereof the Tenant and the Assignee have signed this instrument as their Deed in the presence of the persons mentioned below the day and year first above written. SIGNED AS THEIR DEED. 1 The Tenant Signature(s)... Name(s) In the presence of Signature(s) Name(s) Address:............. Occupation:..... 2 The Assignee Signature(s)..... Names(s) Address:......... In the presence of Signature(s) Name(s): Address:............. Occupation..
Appendix B.4.15 D E E D O F S U R R E N D E R This DEED OF SURRENDER is made the day of 20 BETWEEN Nottingham Community Housing Association of 12/14 Pelham Road, Sherwood Rise, Nottingham (the "Landlord") of the one part and of (the "Tenant") of the other part WHEREAS:- 1. By an Assured[/Secure/Assured shorthold/flexible] Tenancy Agreement (hereinafter called the "Tenancy") dated the between the Landlord of the one part and the Tenant of the other part, the Landlord granted an Assured[/Secure/Assured shorthold/flexible] Tenancy of (the "Property") on the terms and conditions and subject to the payment of rent as set out in the Tenancy 2. The Tenant has agreed with the Landlord to surrender the Property comprised in and let and/or demised by the Tenancy together with all rights of title or interest of whatever nature as set out below NOW THIS DEED WITNESSES (1) In consideration of the release contained in paragraph (2) below the Tenant hereby surrenders and assigns unto the Landlord all the Property comprised in and demised by the Tenancy and all the rights and interest of the Tenant therein or thereunder howsoever arising to the intent that the term and Tenancy created by the Tenancy may hereinafter automatically merge and be extinguished in the reversion in the Property (2) The Landlord hereby releases the Tenant from all future costs, claims and demands in respect of the said Tenancy but without prejudice to any existing rights or claims of the Landlord IN WITNESS whereof the Parties hereto have executed this Surrender as a Deed on the day first before written. SIGNED AS THEIR DEED. 1 The Tenant Signature(s)... Name(s) In the presence of Signature(s) Name(s) Address:.......
THE COMMON SEAL OF NOTTINGHAM COMMUNITY HOUSING ASSOCIATION was affixed to this Deed in the presence of:... Company Secretary... Committee Member... Committee Member
Appendix B.4.16 AGREEMENT TO SURRENDER THIS AGREEMENT is made on... BETWEEN (1).. (name of tenant) of..(address) ( the Tenant ) and (2) Nottingham Community Housing Association of 12/14 Pelham Road, Sherwood Rise, Nottingham ( the Landlord ) IT IS AGREED as follows: 1. DEFINITIONS AND INTERPRETATION In this agreement: 1.1 the Completion Date means (insert date new tenancy agreement with new landlord is being signed in the mutual exchange); 1.2 the Tenancy means the [Assured/secure/other] Tenancy Agreement dated..(insert date) and made between the Tenant and the Landlord; 1.3 the Property means the [house or flat/other insert description] known as (insert address) comprised in the Tenancy Agreement; 1.4 where any party to this agreement for the time being comprises two or more persons, obligations expressed or implied to be made by or with that party are deemed to be made by or with the persons comprising that party jointly and severally; 1.5 words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa; 1.6 the clause, paragraph and schedule headings do not form part of this agreement and shall be ignored in its interpretation. 1.7 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this agreement, this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
2. AGREEMENT TO SURRENDER In consideration of: the Landlord agreeing to grant the release contained in the Deed of Surrender; and the other undertakings and obligations contained in this agreement, the Tenant agrees to surrender the Tenancy granted by the Landlord and the Landlord agrees to accept that surrender on the Completion Date. 3. DEED OF SURRENDER The Landlord and the Tenant must enter into a deed of surrender and release of covenant in the form of the draft deed of surrender set out in the schedule below. The deed of surrender must be completed by the Landlord and the Tenant before the Completion Date and before a new tenancy agreement is granted to the person with whom the Tenant has agreed and had permission to do a mutual exchange pursuant to sections 158 and 159 of the Localism Act 2011. 4. VACANT POSSESSION The Tenant must give vacant possession of the Property to the Landlord on the Completion Date, handing over to the Landlord or his representative all keys and locks and codes to enable the Landlord to have full access to and within the Property. The Landlord shall not be entitled to regain occupation of the Property until the surrender is completed. 5. REIMBURSEMENT OF RENT The Landlord agrees to reimburse to the Tenant on completion any amount of advance rent or payment on account of service charge in respect of the Property attributable to a period after the Completion Date. 6. ASSIGNMENT OF BENEFIT The Tenant shall not be obliged to surrender the Tenancy to any person other than the Landlord. 7. SURRENDER OF THE LEASE The surrender of the Lease shall not affect the enforceability of the rights of the Landlord or the Tenant against each other in respect of any liability that has accrued before the Completion Date.
SIGNATURES 1 The Tenant Signature(s)... Name(s) If more than one tenant: 2 The Tenant Signature(s)... Name(s) 3 Signed on behalf of the Landlord Signature(s)... Name(s) SCHEDULE: THE DEED OF SURRENDER