Giving Notice after a mutual exchange

Morglin

benjihubbs wrote: »

I'm weighing up all the options, which includes trying to avoid screwing over a friend!

With respect, if you can't answer my question, please desist in commenting unhelpfully....

With our HA, both tenants apply for the exchange, the HA gives approval (or not) the papers are signed, assuming it’s ok, and then both parties agree a date to actually move properties.

Certainly, I had heard of other cases where tenants exchange ‘ on paper’ and one of them buy a property.

The other one, presumably, gets a better property through the exchange.

So, here, providing you paid the rent up until your new HA tenancy actually ends (it’s a months notice with our HA), you can certainly do this, if it helps a friend.

It’s not usually a problem, and the landlords pay for an extra gas/electric checks they may require. If it’s the same HA, and they do their usual yearly checks anyway, they don’t usually bother.

The only two criteria here are that neither tenant us in rent arrears, and that both parties are eligible for the size of property they want to take over.

G_M

HampshireH wrote: »

OP

If you are exchanging with an assured tenancy and being granted an assured tenancy there is usually nothing to stop you at any given time once the tenancy starts from giving your required notice.
.

What is this assertion based on? The assumption that each tenant is continuing their existing tenancy but with a new property? And is therefore not bound by any initial fixed term?

I doubt that is the case. A new Assured Tenancy will have been created for each tenant, and only by looking at the specific contract, and/or the HA's policies, can the OP know the answer to whether/when/how he can later serve notice.


Morglin- given your experience, with your own HA, it would be helpful to the OPif you addressed the specific question regarding serving notice after the Excange. Although, of course, different HAs may have different policies and contracts.

Morglin

G_M wrote: »

What is this assertion based on? The assumption that each tenant is continuing their existing tenancy but with a new property? And is therefore not bound by any initial fixed term?

I doubt that is the case. A new Assured Tenancy will have been created for each tenant, and only by looking at the specific contract, and/or the HA's policies, can the OP know the answer to whether/when/how he can later serve notice.



Morglin- given your experience, with your own HA, it would be helpful to the OPif you addressed the specific question regarding serving notice after the Excange. Although, of course, different HAs may have different policies and contracts.

Sorry, perhaps I wasn’t clear.

Here, and I don’t know if HAs differ, the tenancy date starts from the day of actual date of moving in, and after that a months notice of ending the tenancy can be given.

They are assured tenancies, but obviously social housing agreements vary considerably from private rentals. With new tenants, not known to the HA, they have probationary periods, but for a current tenant exchanging that wouldn’t apply. Even in the probationary period, anyone can give up the tenancy, subject to a months notice.

To be honest, HAs are so short of housing stock, they always appear very relieved when a property is given back to them.

However, it’s perhaps best if the OP checks the time of notice required, as her HA may have other rules.

bpj

Also consider that if you need a mortgage, a very recent change of address will no doubt complicate things.

As well as gathering all the necessary documentatio for identity checks, I'm under the impression that some lenders require you to be on the electoral register at your current address, which where I am can take several months (unless there's an election in the meantime...)

Rosieandjim

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


Did not take long to find this and yes you do risk eviction if you think you can get away with this!!