Mutual Exchange with suspended possession order.

ms21

Hi. 

I was wondering if anyone could offer some advice. I have tried getting to the right people at the housing association, but it takes a while and am still waiting for call backs. 

I live in a housing association flat and have had a very bad relationship with my neighbour for quite a while. This has escalated to a point where I’ve been trying to move. I was advised to pursue a mutual exchange to facilitate this. 

I got quite lucky as there is someone who wants to swap with my flat and we are about to arrange viewings. 

The issue is, a few years ago, I was away from the flat for a number of months and subsequently a gas safety check couldn’t be completed. This led to the housing association seeking possession and being granted a suspended possession order. The terms were that I allow access for the check and that I also arrange a repair for an internal door. 

Both of these things have subsequently been completed, but the order remains in place for a couple more years. 

Upon reading the housing act 1985, the only mention it makes for refusing a mutual exchange in relation to a suspended possession order, is if it falls under ground 2 ir 14 (ASB), which mine doesn’t. However the housing act does say mutual exchanges can be refused if there is an “outstanding possession order”. 

For anyone who knows council and housing association processed with regards to mutual exchanges, do they automatically block these? Or can they still allow them to go ahead, especially considering I’ve complied with the SPO? It would be absolutely devastating if they were to block this.