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House Exchange 42 day rule

Hi. I wonder if anybody could help me.

I'm part of a 3 way mutual exchange. As far as I'm aware the housing authorities have 42 days to refuse the exchange. One of the Councils have taken 53 days and then refused. The council in question, says on its own website that they will take 6 weeks (42 days) to make a decision.

Just wanted to know where we stand, legally. Have the council acted lawfully and have they breached their own policy? Many thanks
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Comments

  • Rosieandjim
    Rosieandjim Posts: 254 Forumite
    I would be more interested in why they have refused? Can you let us know the reason
  • David..M
    David..M Posts: 13 Forumite
    They refused because they said I would under occupy
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I would be surprised if the 42 days included weekends. I think they might mean 42 working days in which case they are within the time limit.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    David..M wrote: »
    They refused because they said I would under occupy


    Would you under occupy? I can see that they would be unlikey to let you have a property that would mean that you had a spare bedroom because that could go to a homeless family.
  • David..M
    David..M Posts: 13 Forumite
    What I've read and heard is that it isn't working days. We've all checked this out as we was worried about that too. It's 6 weeks or 42 calendar days. I've read this on virtually every website
  • David..M
    David..M Posts: 13 Forumite
    The dining room is considered to be a bedroom. We aren't challenging this as it's not worth it.


    What we are challenging is the length of time it took for them to refuse
  • Rosieandjim
    Rosieandjim Posts: 254 Forumite
    I would certainly challenge the decision. A dining room was never a bedroom that's outrageous.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    David..M wrote: »
    The dining room is considered to be a bedroom. We aren't challenging this as it's not worth it.


    What we are challenging is the length of time it took for them to refuse


    Will take can mean will take around 42 days. Must take no more than 42 days means that it has to be within the 42 days. It will depend on the wording. However if you are going to under occupy letting the property to you will go against the council's rules on occupation so I can't see how you are going to end up with this property.
  • David..M
    David..M Posts: 13 Forumite
    I understand that it is a council policy not let someone under occupy their property 100%



    At the same time it is also council policy and as far as we know a legal requirement to let us know within 42 days.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have you a link to the law regarding this legal requirement?
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