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Giving Notice after a mutual exchange

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benjihubbs
benjihubbs Posts: 6 Forumite
edited 20 October 2019 at 11:38PM in House buying, renting & selling
When it comes to mutually exchanging, is there anything stopping one party from giving notice to end the tenancy to the landlord once they have exchanged and moved in?

Thanks!
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  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    It depends on the terms of the mutual exchange.

    Was the landlord involved in the exchange and if so what was agreed? Or have you and somebody else just arranged your own swap without informing your landlords and are each now effectively subletting to each other?

    Have new tenancy agreements been produced?
    Have you paid a new deposit?
  • gomer
    gomer Posts: 1,473 Forumite
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    More to the point why go through all the upheaval of an exchange just to hand your notice in?
  • benjihubbs
    benjihubbs Posts: 6 Forumite
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    Because I have already agreed to it and don't want to let the other party down, but an opportunity for me to buy has arisen and I wanted to know where I stand with doing both
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 21 October 2019 at 12:30PM
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    You need to explain 'mutual exchange'. Is this social house? Private? Since you (both?) seem to be tenants, what has been agreed with the landlord?
    What has been agreed regarding deposits?
    Will you be each other's landlords (subletting) and if so have you each served EPC? Gas report? Right To Rent checks?

    Far more detail needed.

    edit:
    Because I have already agreed to it and don't want to let the other party down, but an opportunity for me to buy has arisen and I wanted to know where I stand with doing both
    so are you asking about notice to end your current tenancy for the exchange, or notice to end the new tenancy after the excange, if you decide to buy?


    Either way, please also proide details of the terms of both you current, and new, tenancy.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    I hope you are living in social housing not private rented housing. If social housing you need to ask your landlord about this.


    If it is private rented housing you need to stop what you are proposing to do because it will breach your tenancy agreement and you will both be evicted whether you want to be or not.
  • benjihubbs
    benjihubbs Posts: 6 Forumite
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    Thank you for the responses....

    For clarification - I and the other party are both in social housing and are able to mutually exchange. As yet, nothing formal has been agreed and no applications have been submitted to either housing association. It has just been agreed verbally between us.

    I am proposing to exchange houses THEN terminate the new tenancy once the exchange has been completed.

    I just wondered if anyone has exchanged previously and if there was any stipulations within the 'new' tenancy that they must remain in the property for a certain period of time after the exchange.

    I apologise for being unclear - I was tired when I wrote the inital post!
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    benjihubbs wrote: »
    Thank you for the responses....

    For clarification - I and the other party are both in social housing and are able to mutually exchange. As yet, nothing formal has been agreed and no applications have been submitted to either housing association. It has just been agreed verbally between us.

    I am proposing to exchange houses THEN terminate the new tenancy once the exchange has been completed.

    I just wondered if anyone has exchanged previously and if there was any stipulations within the 'new' tenancy that they must remain in the property for a certain period of time after the exchange.

    I apologise for being unclear - I was tired when I wrote the inital post!


    So at the moment you don't even know if the housing association will agree to the exchange? Why go ahead with it? Why not just tell the other person that you have changed your mind and then buy a property if that is what you want to do?
  • benjihubbs
    benjihubbs Posts: 6 Forumite
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    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....
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 21 October 2019 at 1:36PM
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    benjihubbs wrote: »
    With respect, if you can't answer my question, please desist in commenting unhelpfully....
    That was not an unhelpful commet. It is by far the best advice you could receive.

    As for your question, how can anyone here possible answer?

    * You've not told us which HA?
    * You've not attached details of the tenancies for us to comment on

    Posting a generalised, vague hypethetical question which is impossible to answer, and then critisizing a well-meant response is not going to endear you to people here!


    Get hold of the relevant HA's tenancy agreement, read it, and then if you don't find the answer, or don't understand it,come back and quote the relevant sections. Then we can comment sensibly!
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    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....



    How can anyone answer the question without knowing the terms of your tenancy, the terms of exchange, the policy of the housing provider etc?


    You may as well ask for this week's lottery numbers.


    So first things first, what is the policy on minimum term post exchange?
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