Housing Assoc query - mutual exchange

AliceBanned

Hi

I have been trying for some time to exchange my Housing Assoc flat for one nearer to my work. Finally came up with something through Homeswapper website - myself and a young woman with an 18 month old boy were going to mutually exchange our one bed flats, which is usually possible as long as the flats are similar size and both HAs/Councils agree to the exchange. they only have certain grounds on which they can refuse. Mine has refused, on the grounds that housing this lady and her son would amount to "statutory overcrowding". she is currently in a one bed flat through a different organisation (her local council) and got pregnant and had the child (I believe) since living there, not before. My tenancy agreement states that 3 people max can live in the flat, although it is a one bedroom flat. they now say this lady and her son could not live there, as the child would not have his own room. I wonder if there is a way round this. I think my HA just doesn't want to take her on, as they will then be liable to put her on their rehousing list automatically. To me this seems discriminatory. My landlord had not advised me before I found the swap, that this would be the case. I am going to contact Shelter and the CAB tomorrow to take advice, but wondered if anyone on here could help? thanks in advance.

neverdespairgirl

I thought that a child under 5 didn't entitle the tenant to an extra room, anyway.

Jowo_2

As a guess, maybe a council isn't compelled to offer a change in size of property immediately to an existing tenant when their household size increases as there is no legislation compelling this, but have restrictions when offering a new tenancy that is much more restrictive and takes into account the revised household size?

AliceBanned

Hi

thanks for the replies. I think the HA is concerned that once the child is five, they will then be liable to rehouse this lady, rather than at the moment her council. My HA are in no way acting as a "social landlord" and frankly rarely do. This is my gripe. I think they are discriminating against her and therefore me so I may take it further with Shelter if they can help me. thanks for replying.

AliceBanned

I spoke to a solicitor this morning, who said that if I swapped with this lady this would in no way result in statutory overcrowding. I phoned back the HA, which has been a pain at the best of times, and explained this to them. I then asked them to put their reasons for not allowing the exchange in writing. they said I have to put the request in writing first, so I handed in a letter to them today.:D. I think they just refused over the phone as some of them are total jobsworths and didn't realise that some tenants actually have the two brain cells required to work out their rights.