A mutual exchange allows you to swap your home with another council or housing association tenant. This can involve more than two households. Before any exchange can take place, you must get written permission from all landlords involved.

Who can apply

You can apply for a mutual exchange if you are a secure tenant.

You cannot usually exchange your home if you:

• are in a probationary tenancy period
• have been served with a Notice to Quit
• have been served with a Notice of Seeking Possession
• are subject to a court order
• have a demoted tenancy

Types of exchange

There are different ways an exchange can happen depending on the type of tenancy involved.

Assignment

An assignment is where tenants swap homes by taking over each other's existing tenancy. No new tenancy is created.

Surrender and regrant

This is where both tenants give up their existing tenancies and are granted new tenancies. The new tenancy terms may not be the same as those they previously held.

Applications

You must complete an application and provide any supporting information we ask for. We will approve or refuse a mutual exchange within 42 days of receiving a completed application and all supporting documents.

Things to consider before exchanging

We may discuss affordability with you before you make a decision. This is to help you understand whether you will be able to afford the rent and other costs associated with your new home.

If you are exchanging with a housing association tenant, your tenancy rights may be different. You may wish to seek independent advice before proceeding.

Refusals

We will not unreasonably refuse a mutual exchange request. However, there are legal reasons why an exchange may not be approved.

Examples include:

• possession action has started against one of the tenants
• a court order is in place
• a property is subject to anti-social behaviour action
• the property would be too large or too small for the incoming household
• the property has been adapted for someone with a disability, and those adaptations would no longer be needed
• the property is designated for people with particular support needs or circumstances
• the exchange would breach conditions attached to the property or tenancy

If you disagree with a decision

If you are unhappy with a decision about your mutual exchange application, you can ask for the decision to be reviewed.

A manager will investigate the decision and respond within ten working days.

Do not move before approval

You must not move home until the exchange has been formally approved in writing.

If people swap homes without permission, they may be treated as unauthorised occupiers and could be asked to return to their original property.

Contact us

Contact us if you:

• would like to apply for a mutual exchange
• have found someone you would like to exchange with
• need advice about your tenancy rights
• want an update on an existing application
• would like to request a review of a decision

If you have questions about this policy, or need to get in touch with us, email mbcaccommodation@maidstone.gov.uk, or you can call us 01622 602 440.