Advice on Social Housing Mutual Exchange, the 42 Day Rule.

ellea367

I have applied for a mutual exchange. Both myself and the other tenant applied weeks ago, we have had the official inspections done recently. Weeks after I sent my mutual exchange application form to the other council and a few days before the 42 day dead line for permission to be given or not, I received a note from the the other tenants housing department saying I need to fill in the mutual exchange form before the exchange can take place, though it did not say that the exchange would now be delayed.

Then I was told this morning that we may be delayed now and have to start again and wait another 42 days for the decision.

Is it the case that we will now have to go back to the beginning and start the 42 day wait again? It seems unnecessary and unfair if that is the case as all the official checks have been done, which cost's time and money for the councils. And as both councils were aware this process was going ahead, inspections etc, why would they not contact me sooner having not received the application form, and only inform me 3 days before the deadline.

I would appreciate any advice.

Thank you.

squinty

I assume that you are both Secure Tenants, not all Social Housing tenants have a statutory right to exchange.

If you are a secure tenant, then you misunderstand the 42 days rule. It is not 42 days to make a decision, it is 42 days to refuse (and a refusal can only be for one of the grounds laid out in Schedule 3 or section 92 of the 1985 Housing Act). Otherwise consent is given.

I would contact your landlord, make it clear that you understand the time constraint, and ask them to clarify exactly why there is a delay.

ellea367

squinty wrote: »

I assume that you are both Secure Tenants, not all Social Housing tenants have a statutory right to exchange.

If you are a secure tenant, then you misunderstand the 42 days rule. It is not 42 days to make a decision, it is 42 days to refuse (and a refusal can only be for one of the grounds laid out in Schedule 3 or section 92 of the 1985 Housing Act). Otherwise consent is given.

I would contact your landlord, make it clear that you understand the time constraint, and ask them to clarify exactly why there is a delay.

Thank you for reply. We are both secure tenants and I am aware of the grounds for refusal. I was informed when I applied that the council's had 42 days to respond with a decision and during that time checks would be done on both properties and tenants.

What I don't understand is, why have I only just been informed that the necessary exchange form had not been received by them, weeks after the process was started. And having completed the form again, that has now been received, do we have to wait another 42 days for a decision?

sniggings

ellea367 wrote: »

Thank you for reply. We are both secure tenants and I am aware of the grounds for refusal. I was informed when I applied that the council's had 42 days to respond with a decision and during that time checks would be done on both properties and tenants.

What I don't understand is, why have I only just been informed that the necessary exchange form had not been received by them, weeks after the process was started. And having completed the form again, that has now been received, do we have to wait another 42 days for a decision?

the above post just answered it for you.

they have 42 days to say no, but they can say yes as soon as they want, or for that matter say no within a day, the 42 day rule is just the max time they can take...so no you don't have to wait 42 days again, but up to 42 days, it could e a day after they get your form or 42 days after,no one here can tell you which it will be.

[Deleted User]

42 days is just over a month. It will pass quickly. Use the time to get whatever you need to get done (packing etc) .., done.