Council mutual exchange and under occupancy rules

Xaviera

Does this vary between councils?

Can I swap my 1 bedroom flat for a 3 bedroom house if the other party agrees to it?

Is there a maximum amount of times you can exchange properties with other people?

Pepzofio

Not sure if this applies everywhere, but I know that in some areas there are certain restrictions placed on properties (e.g. local connection required) so it's certainly not always just up to the two exchanging parties. AFAIK exchanges also have to be ok'd by the council/HAs as a matter of course (not normally withheld without good reason).

I believe you may be subject to a minimum term at each property before you can exchange/transfer (e.g. 12 months) but I haven't heard of an actual limit to the number of exchanges you can do. Best thing to do is check with your HA/council for their policy on mutual exchange.

I would be very surprised if you could swap to a 3-bed unless you were entitled to a 3-bed property.

Xaviera

Yeh it's the house I grew up in as a kid and I'd like to have my own family there and get RTB, but the council wouldn't put me on the tennancy because I'm not the tennants partner, so I had to go and get a flat of my own.

Their website is awful and has nothing, what a pain!

Engelbert

You can underoccupy by one bedroom, is most council's interpretation of the rules. So you could move to a 2 bed but not a 3. The wording in the housing act is that an exchange can be refused if

Ground 3
The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

debrag

Engelbert wrote: »

You can underoccupy by one bedroom, is most council's interpretation of the rules. So you could move to a 2 bed but not a 3. The wording in the housing act is that an exchange can be refused if

Ground 3
The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

Sorry to bring up an old thread.

When we did an exchange the family we were going to swap with couldn't move into ours as they would have an extra room.

Anyways what I want to ask is this:

After being in a 3 bed property for at least 12 months and the named tenant wants to move out and change the property to say their son, would they come under the underoccupy rules and therefore have 1 bedroom too many? what if say the other tenant was to move out living this person with 2 bedrooms too many?

What is a couple was to move in?

If tenants want to move out of a HA property (not named tenant) what notice do they have to give?

££sc££

Does this vary between councils?

Can I swap my 1 bedroom flat for a 3 bedroom house if the other party agrees to it? It depends on how big your family is. If just you (and partner) proboably not, you'd only get permission to go to a 2 bed. If you have a child and a 2 bed need, you'd be ok to go to a 3 bed. Usually allowed to under occupy by 1 bedroom.

Is there a maximum amount of times you can exchange properties with other people? Not that I've heard of

squinty

debrag wrote: »

Sorry to bring up an old thread.

When we did an exchange the family we were going to swap with couldn't move into ours as they would have an extra room.

Anyways what I want to ask is this:

After being in a 3 bed property for at least 12 months and the named tenant wants to move out and change the property to say their son,

This is not possible. A secure tenancy cannot be assigned apart from in the limited circumstance as outlined in the 1985 Housing Act. None of these would apply in these circumstances.

debrag wrote: »

If tenants want to move out of a HA property (not named tenant) what notice do they have to give?

Don't understand this question - a person who is not named on the tenancy agreement is not a tenant and does not need to give any notice.

debrag

So as soon as the named tenant leaves anyone left in the property would have to move out?

I live in a 3 bed place. Me & my partner are moving out end of this month leaving only 2 people in the property (mother & son), the named tenants daughter & husband plan to move in so using up all 3 rooms.

So you are saying the son can't take the house over at all when his mother moves out?

Transferring your tenancy

If you are leaving to live somewhere else, you may want to transfer your tenancy to your partner or a member of your family who has lived with you continuously for at least a year. Such a transfer is known as an assignment.
In this case, you should apply to your local council's housing department to assign your tenancy. They will consider your application and give you their decision within an agreed period.


Also read:

If the named tenant wants to move out and hand the tenancy over this is called an assignment. The tenant would have to get the permission of the HA to do this. They may have to get a deed of assignment drawn up through a solicitor or the HA may do this for them.

The main reasons for refusing an assignment are that the person who wants to take over the property is not entitled to (not lived there long enough, etc) or that the property would be under-occupied. If the proposed new tenant is a family member and has been living with the tenant for at least 12 months the former will not be a problem. If the HA accept that the family friend is moving in and will use the 3rd bedroom the size of the property should not be an issue either.

debrag

squinty wrote: »

This is not possible. A secure tenancy cannot be assigned apart from in the limited circumstance as outlined in the 1985 Housing Act. None of these would apply in these circumstances.



Don't understand this question - a person who is not named on the tenancy agreement is not a tenant and does not need to give any notice.

What I mean is when you take over a property you sign a contract/agreement. One person is the tenant and then you list who will be living with you.

££sc££

Is the tenancy a council or HA one? As you mention both in your quotes above. Is the mother the sole tenant at present?
I work for a HA (but i think councils maybe different). If the mother is the sole tenant, we would allow her to add her partner (the husband you mention) to the tenancy after 1 year of him living there. With a deed of assignment that we draw up. We do not allow family members other than a partner to be added (no bros, sis, sons, daughters, mothers, fathers etc). We only allow a joint tenancy in a couple. Other HA rules may differ. My first bit of advice would be get the tenant to speak to their landlord and establish their rules.

squinty

debrag wrote: »

So you are saying the son can't take the house over at all when his mother moves out?

Transferring your tenancy

If you are leaving to live somewhere else, you may want to transfer your tenancy to your partner or a member of your family who has lived with you continuously for at least a year. Such a transfer is known as an assignment.
In this case, you should apply to your local council's housing department to assign your tenancy. They will consider your application and give you their decision within an agreed period.

The law is clear on this. Generally, a secure tenancy is incapable if being assigned; There are three exceptions to this rule: (HA 1985 s.91)

1. Assignments by way of a mutual exchange (s.92)

1. Assignments under property adjustment orders in connection with matrimonial proceedings, or
2. Assignments to a person who would be qualified to succeed if the tenant had died immediately before the assignment

So in most cases an assignment would not be possbile. The only possibilty apears to be the third ground - but a person who is qualified to succeed is a closr family member ho has lived at the property for at least 12 months, who has the household of the appropriate size, and there has been no previous sucession on the property.

So the example you quote of some people leaving the property leaving a other and son - but then having other people move in shoulld NOT be possible.

Debrag - where is the quote shown in brown from?

debrag wrote: »

So as soon as the named tenant leaves anyone left in the property would have to move out?

Kind of, there are a couple a scenarios.

Firstly if the tenant ends their tenancy the remainind people have no right to remain - also be aware that one joint tenant can end the tenancy on behalf of all joint tenants.

Secondly, if the tenant leaves the property the tenanct does not end immediately. However, as the tenant have broken a condition of tenancy (ie they no longer occupy th property as thier only or principal residence) the tenency ceases to be a secure tenancy and the Council can take action to remove the other people (who have no tenancy agreeemnt) from the property.