some mutual exchange advice please

mizzy

Hiya
just a simple question in need a quick answer too , if someone out there knows as i cant find anything about it anywhere

Can council tax arrears stop a mutual exchange in scotland?

many thanks

mizzy

can anyone help?

cattie

Not sure about Scotland but they definitely do in England. A friend of mine who is constantly in rent arrears was hoping to get a mutual exchange & told she couldn't whilst rent arrears were outstanding on here council flat.

Engelbert

Your landlord has to approve the exchange unless there are reasonable grounds for refusing. These might include:

• your landlord has sent you a notice of proceedings, warning you they are applying to the sheriff court for an eviction order
• your landlord has applied to the court for an eviction order to make you leave the property
• you work for your landlord and your home was provided in connection with your job
• your home is adapted for a person with special needs and nobody in the new tenant's household has special needs
• the home you want to move to is too small for your household, and would be overcrowded.
• Your landlord has a month to decide whether or not to give you
• the home you want to move to is much larger than you and your household need
• permission. If you haven't heard from them by the end of the month, you can assume they have given permission. (From Shelter website)

In practice, the council can approve the exchange subject to conditions (Such as you paying your council tax arrears, or rent arrears). Certainly the council I work for (in England) would not look at council tax arrears but others may. Best way to check is contact your council or housing association. Do it anonymously if you don't want it to affect the exchange...

mizzy

hi there thanks for your help
thanks cattie, I am not in rent arrears i do pay full rent as i am working but have fallen behind on council tax , just wondered if this had an effect on me exchanging

Thanks Engelbert, I enquired with the local council and they told me , some councils take it into consideration , some dont , is that not discrimatory?
I would like to know if council tax arrears falls into the housing scotland act 2001 when doing a mutual exhange as i cant see it
so if i am not seeing it, is it not a law they are making up themselves?

*edit*
Just contacted shelter
They told me that some councils do TRY and prevent people moving due to council tax arrears but this is NOT a reason for refusing an exchange, and if they refuse the exchange on this basis , i have to go back to shelter who will get this removed.
so im hoping everything else is fine

many thanks to those of you who replied and i hope this post can be of some use to others who have been told of this.