Mutual Exchange Advice, the 42 Day Rule.

ellea367

Myself and another council tenant have applied to exchange homes. We started the process around 6 weeks ago, the 20th Oct.

Since then both home's have had the property checks done. My reference was received by other council and the reference of the other tenant was received by my council today 5 Dec; which is the date I was given that they had up until to refuse or not, 42 days.

Also my original exchange application form to the other council had to be completed and sent again in the last few day, as they could not find my original one, which I was told by my council they received before the inspection took place.

I was then informed over the phone today by my council that there is a chance that we will have to start the 42 day wait again from the date the second form was received by the other council, even though they did receive the original one I sent.

I haven't had any of this in writing and the 42 days have passed. Does this mean we will be within our rights to exchange now?

Any advice would be much appreciated.

squinty

This is the 4th different thread you have started over the past few days asking the same question

https://forums.moneysavingexpert.com/discussion/5127966

https://forums.moneysavingexpert.com/discussion/5128265

https://forums.moneysavingexpert.com/discussion/5128334

In one of the other threads I explained the legal postion and advised you contacted the council. What was their response?

ellea367

squinty wrote: »

This is the 4th different thread you have started over the past few days asking the same question.

In one of the other threads I explained the legal postion and advised you contacted the council. What was their response?

I know how many threads I've posted. You don't have to be rude.

I reposted because I had to change a few things. I am not very experienced at this, forums etc, maybe you are. And I am entitled to repost if I feel the need. I wanted to get as many opinions as possible.

What I said in my post is what I was told today having spoke to them. And I wanted to know where we stood as we have had nothing in writing up to today which is the 42nd day.

I suggest you don't read my post if you are going to criticize.

Cheeky_Monkey

Pot calling the kettle black or what!

squinty's response was not in the least bit rude but I suggest you take a look at your own :mad:

squinty

No. You cannot just exchange.

My understanding is that by failing to resond within the 42 days, the council have missed thier opportunity to refuse the exchange. However, you and the other tenant still need to complete the paperwork.

I suspect thet you could go to a soicitor and ask them to produce a deed of assignment, both sign this, and forward to both councils and proceed with the exchange.

HOWEVER - this is a risky route. A mutual exchange takes place by a an assignment of tenancy, this means that you take responsibility ofr all aspects of the other persons tenancy. This includes any damage, unauthorised alterations and perhaps even rent arrears. The purpose of the councils inspections and approvals is partially to make you aware of any such issues so you can make an informed decision whether to proceed.

My earlier advice was to ask the council to explain the reason for the delay. It may be that there are some issues with the other persons tenancy or property (ie issues that are not serious enough to refuse the exchange, but serious enough that the approval would have been made conditional on the other person making good)

Moving forward without the consent of the council is high risk. If it were my decision I'd push the council for a firm timescale probably using thier complaints proceedure.

ellea367

squinty wrote: »

No. You cannot just exchange.

My understanding is that by failing to resond within the 42 days, the council have missed thier opportunity to refuse the exchange. However, you and the other tenant still need to complete the paperwork.

I suspect thet you could go to a soicitor and ask them to produce a deed of assignment, both sign this, and forward to both councils and proceed with the exchange.

HOWEVER - this is a risky route. A mutual exchange takes place by a an assignment of tenancy, this means that you take responsibility ofr all aspects of the other persons tenancy. This includes any damage, unauthorised alterations and perhaps even rent arrears. The purpose of the councils inspections and approvals is partially to make you aware of any such issues so you can make an informed decision whether to proceed.

My earlier advice was to ask the council to explain the reason for the delay. It may be that there are some issues with the other persons tenancy or property (ie issues that are not serious enough to refuse the exchange, but serious enough that the approval would have been made conditional on the other person making good)

Moving forward without the consent of the council is high risk. If it were my decision I'd push the council for a firm timescale probably using thier complaints proceedure.

I spoke to my council since my first post and your advice. We will not be going ahead without written permission, we just wanted to know where we stand having had nothing in writing by the 42nd day.

I was told over the phone, not in writing by my council, that because my original exchange form for the other council had to be filled again- even though it had been received by them and sent to my council, that we may have to start the 42 days wait again.
I was told this on the 42nd day, the date my council gave me as the deadline 5 Dec. The other council who could not find my original form, told me it would not be necessary to start the 42 day wait again. All the other checks and references have been done by that date, neither myself or the other tenant are not in arrears etc.


So obviously we are concerned and confused as to why my council would think it was necessary to start the 42 day wait again.

I hope to hear this week if that will be the case or not.

Thanks for your advice.

ellea367

ellea367 wrote: »

I spoke to my council since my first post and your advice. We will not be going ahead without written permission, we just wanted to know where we stand having had nothing in writing by the 42nd day.

I was told over the phone, not in writing by my council, that because my original exchange form for the other council had to be filled again- even though it had been received by them and sent to my council, that we may have to start the 42 days wait again.
I was told this on the 42nd day, the date my council gave me as the deadline 5 Dec. The other council who could not find my original form, told me it would not be necessary to start the 42 day wait again. All the other checks and references have been done by that date, neither myself or the other tenant are not in arrears etc.


So obviously we are concerned and confused as to why my council would think it was necessary to start the 42 day wait again.

I hope to hear this week if that will be the case or not.

Thanks for your advice.

Correction for tha last paragraph; Neither myself or the other tenant are in arrears etc.