Mutual Exchange
What
is a mutual exchange?
A mutual exchange is when you swap your
home with:
• another Westlea tenant;
• a tenant of another housing association; or
• a local authority (council) tenant.
You can do this when you want to move to another area or a different property. Both landlords need to approve your exchange before it can happen.
What
happens to my tenancy?
To exchange properties, you have to give up your current tenancy and take
over the tenancy of the person that you are exchanging with. This is called
an assignment of tenancy.
This means that you take on the other person's rights and responsibilities. You should check what type of tenancy the other person has so that you can see if it is different to yours. If they have the same type of tenancy, your rights will stay the same. If they have a different one, your rights will change. For example, you might lose the right to buy your property if you had it before.
If you have an Assured Shorthold Tenancy or a Starter Introductory Tenancy, you do not have the right to exchange.
How
do I find someone to exchange with?
Use the 'HomeSwapper' register - on the internet at www.homeswapper.co.uk
- which covers both the local area and whole country. Westlea residents
can sign up free of charge. You can also look at this list in our reception
area at the Methuen Park offices. You can also:
• advertise locally (for example, in your local newsagent's
window);
• ask friends and relatives if they know of anyone who might want
to exchange with you; or
• look on the internet for other sites where you can advertise your
home and look for other people who want to swap. Here are
some examples that cover all of the UK:
To exchange properties, you have to give up your current tenancy and take over the tenancy of the person that you are exchanging with. This is called an assignment of tenancy.
What
happens when I find someone to exchange with?
You should visit the property that you want to move into. It is important
that you do this, as you take it over in the condition that you see it.
However, we will carry out the standard repairs that we must do as your
landlord.
If you are happy with it and both of you still want the exchange to go ahead, you should both fill in a mutual-exchange form. You can get one of these by calling your neighbourhood housing team or printing one from our website. You will need to fill in some information about your family and your home as well as some details about the people and property that you want to exchange with. Once you have filled in your application form, you should return it to your neighbourhood housing team.
It is illegal for you to give any money to or receive any money from anyone else involved in the swap. If you do this, you could lose your home.
• Make sure that
you are moving to a property that is the right size (for example, we would
not allow a single person to move into a three-bedroom house or a large
family to move into a one-bedroom flat).
• Make sure that you do not owe us any rent or money for anything
else.
• Arrange for a member of staff to inspect your property and tell
you if there are any repairs or decorating that you have to do before you
can move.
• Inspect the other property (if it belongs to another landlord then
they will do the inspection for us).
• Arrange for gas and electric safety checks to be carried out on
the day of the exchange. (These checks need to be arranged through Westlea
two weeks before you move.)
We will then write to you and tell you if you can exchange or not. It is important that you do not move until you have our permission, as you could lose your home if you do so.
Why wouldn't
you give permission?
By law, we can refuse an exchange if:
• a court has ordered that either property must be given back to the
landlord;
• there is a current notice of seeking possession (a warning that
the property may
be repossessed) against either property;
• the property is too big or too small for your needs or is not reasonably
suitable;
• one of the properties has been adapted to help a physically disabled
person and there would not be a person with a disability moving in there;
or
• one of the properties is for people with special needs (for example,
sheltered
housing) and there would not be anyone moving there with those needs.
When
can I move?
We will write to you to give you permission for the exchange to go ahead.
You will then need to sign a deed of assignment to show that you agree to
the swap. We will arrange a meeting somewhere convenient (either at our
offices or somewhere nearer to you) for you to do this. Once you have done
this, you can arrange to move in.
Do
I have to pay for removal costs?
Yes, you have to pay all the costs of moving house (for example, hiring
a removal van and buying boxes).
What
if I move and find problems with the other property?
You should visit the property before the exchange to make sure you are happy
with the
condition of it.
We will only
carry out repairs that are our responsibility as your landlord (for example,
repairs to heating or hot water). You accept the property in the condition
you see it in, and take it over on the date that your new tenancy starts.
You are responsible for:
• carrying out small repairs;
•
repairing damage to the property that was done by the previous people living
there; and
• decorating the property.
If you are not sure which repairs you would have to do, please contact your neighbourhood housing team for advice.
Who
do I contact for help and advice?
Please call your neighbourhood housing team
for more information.
North team 01249 466130
(Cricklade, Wootton Bassett, Swindon, Malmesbury, Calne and surrounding
villages)
South team 01249 466140
(Chippenham, Corsham and surrounding villages; Melksham, Trowbridge and
Westbury).
Click here to download a PDF version of this information.
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