House Exchange 42 day rule

David..M

I have found lots of information like this. There are loads


'If OVH intend to refuse an application for mutual exchange on any of the above grounds, all parties involved in the proposed exchange must be informed within 42 days of the application being received. OVH would not be able to refuse a mutual exchange on the above grounds if notification is given outside the 42 day period'



Remove OVH and insert another Council or Housing Association



Sorry about the font size. I don't know how to change it

David..M

The above grounds includes under occupancy

HampshireH

Correct. The Council or HA have 42 days to refuse a mutual exchange and let you know. This would be from receipt of all applications.

If they have taken longer it should go through but you still need consent as they are the landlords and you need documentation from them.

https://england.shelter.org.uk/housing_advice/council_housing_association/tenancy_exchanges

However, they cannot deem the property as having a dining room which is now classed as an extra bedroom unless they have formally reclassified the property as being bigger & the rental income reflects this.

So their systems would reflect this as a bedroom which means whilst you say its a dining room. If their records show reclassification then it is no longer deemed to be anything but a bedroom.

74ace

It is 42 working days to make a decision. The clock starts ticking only after you have completed the application and provided all of the information if information is missing then the 42 days dont start. If they have take over 42 days then the exchange has to go ahead. There are a few exceptions such as if they issues conditional consent along the way.

David..M

What happens next? Will the Council try to worm out of it?

AdrianC

David..M wrote: »

The dining room is considered to be a bedroom. We aren't challenging this as it's not worth it.

Rosieandjim wrote: »

I would certainly challenge the decision. A dining room was never a bedroom that's outrageous.

A room is a room. Put a bed in it, it's a bedroom. Put a table in it, it's a dining room.

David..M

74ace wrote: »

It is 42 working days to make a decision. The clock starts ticking only after you have completed the application and provided all of the information if information is missing then the 42 days dont start. If they have take over 42 days then the exchange has to go ahead. There are a few exceptions such as if they issues conditional consent along the way.

I think the council think it's 42 working days too. In that case they would have made the decision in 39 days. I have read so many times that it is 42 Calendar days or 6 weeks to refuse.

Rosieandjim

See above reclassification!

David..M

AdrianC wrote: »

A room is a room. Put a bed in it, it's a bedroom. Put a table in it, it's a dining room.

The Council have classified the house as a 'Parlour House' This means that it is classed as a 4 bedroom property. You're right! The tenants have a table and chairs in the room and are, therefore, using it has a dining room.

What we understand is that the Council will never overturn this decision. If they do this they will have to overturn all their Parlour Houses, back date the extra rent charged for a 4 bedroom and payback all bedroom tax charges. This would cost the Council hundreds of thousands of pounds.

David..M

Rosieandjim wrote: »

See above reclassification!

What is the reclassification?