A Guide to Mutual Exchanges

• What is a mutual exchange?
• Will I need permission before a mutual exchange can take place?
• Who can I exchange with?
• How do I find someone to swap with?
• How quickly will the Council make its decision?
• Are there any other conditions that I must meet?
• Why will my application be refused?
• Can a mutual exchange affect my Right to Buy?
• Reviews and Appeals

What is a mutual exchange?

A mutual exchange is when two, three, four or more tenants exchange (swap) their properties. Each tenant must move into their exchange partner's property. A tenant cannot exchange into an empty property.

You can exchange with:

• another Moray Council tenant;
• a tenant of a housing association; or
• a tenant of another council.

A mutual exchange ends your tenancy and a new tenancy is created for you. You must not exchange your property without our permission.

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Will I need permission before a mutual exchange can take place?

Yes. You must write to us (and any other landlord involved) to get permission to exchange. We will not refuse without good reason. If we do not tell you our decision within one month of receiving your application, you may assume that we have given our permission.

If you would like further information about a mutual exchange, please refer to our Mutual Exchange Policy.

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How can I apply for a mutual exchange?

To exchange, you must apply for permission from us and any other landlord involved. You can get an  application form here (16 pages, 313 KB) or from your Council Access Point.

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Who can I exchange with?

If you are our tenant, you have the right to exchange in most circumstances. You may be able to swap your home with another of our tenants or with a tenant of another council anywhere in the country. You can also swap with a tenant of a housing association or other registered social landlord.

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How do I find someone to swap with?

As long as you have completed a housing application (16 pages, 313 KB) you can go to "Apply 4 homes house exchange" at www.apply4homes.houseexchange.org.uk to find an exchange. If you know who you will be exchanging with then please complete a simple mutual exchange application form (4 pages, 88 KB)

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How quickly will we make our decision?

By law, we must make a decision within one month of receiving your filled-in application (4 pages, 88 KB) to move.

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Are there any other conditions that I must meet?

Yes. Your area housing officer will visit you to inspect any alterations you have made and to make sure that the property is in good condition. We will also check your rent account. If you have rent arrears (missed rent payments), you may not be able to move straight away.

If you want to exchange with the tenant of another council or a registered social landlord, we will have to provide a written reference for your tenancy to the other landlord. The other council or registered social landlord will do the same for their tenant.

Other conditions that you must meet before the exchange can go ahead include the following:

• you must not owe any rent (unless you have been keeping to a repayment agreement for a set time);
• you must not have caused a nuisance or caused anti-social behaviour; and
• you must have let us to make a gas and electricity safety check within the last 12 months.

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Why will my application be refused?

We will not unreasonably refuse an application for a mutual exchange. However, we may refuse an application if:

• one of the homes would be overcrowded;
• we are taking legal action to repossess your home or the home you want to swap with;
• the exchange would mean that a home adapted for elderly or disabled people would have nobody living in it who needs the adaptation; or
• we have a possession order against you.

It is illegal to pay anyone to persuade them to exchange tenancies with you. If you exchange without asking for permission, we may force you to move back.

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What will happen if my application is refused?

If we refuse your application, we will write to you within one month of receiving your application. We will explain to you why we have refused your application and will tell you how you can appeal against our decision.

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What will happen if my application is accepted?

When an application for a mutual exchange is accepted, we will give you information on:

• the changes in terms and conditions under the right to buy;
• our Complaints Procedure;
• compensation for improvements - If you have made certain improvements with our permission; and
• our policies.

If you are a joint tenant, we must get the written permission of any other joint tenants. If you are married, we must get the written permission of your spouse.

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What will happen next?

If you decide to go ahead with the mutual exchange, we will end your current tenancy and create a new tenancy agreement, which you will have to sign.

We will arrange a date for the exchange to take place which is suitable for everyone involved.

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Can a mutual exchange affect my Right to Buy?

Yes. When we give permission to exchange, we will end your tenancy and create a new tenancy. As a result, it is important for you to know that there are changes in the terms and conditions under the new right-to-buy rules, including the initial qualifying period and the way in which we work out any entitlement to a discount.

Ending your tenancy means that your entitlement to a discount and qualifying period will be under the conditions of the modernised right to buy. This means that:

• you must have been a council or housing-association tenant for five years in a row before you can benefit from your right to buy (we will include your previous years as a tenant when we work out your eligibility and discount); and
• if you have not been a council or housing-association tenant for five years in a row, you must wait until the five-year qualifying period has passed before you can apply to buy your home.

Your discount will start at 20% and rise by 1% a year for all house types (up to 35% of the market value or £15,000, whichever is lower).

IF YOU ARE EXCHANGING INTO A PROPERTY THAT IS CLASSED AS NEW SUPPLY (WAS ACQUIRED BY THE COUNCIL AFTER 1ST MARCH 2011) THEN YOU WILL NOT HAVE THE RIGHT TO BUY THAT PROPERTY. FOR FURTHER INFORMATION PLEASE CONTACT YOUR HOUSING OFFICER.

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Reviews and appeals

• If you are refused a mutual exchange, you can ask for the housing needs review group to review the decision on your application by writing to your local area housing manager.
• If you are not satisfied with the outcome of the review, you can complain using our complaints procedure.
• If you are still not satisfied with our decision, you will have a further 21 days to lodge an appeal to the Sheriff Court.

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