Mutual exchange policy
Introduction
Cross Keys Homes aims to support residents to live in a home that best meets their needs. We recognise that the wait to transfer homes and be long, and we support residents to move home through the process of mutual exchange. This policy outlines who is eligible for mutual exchange and the process for exchanging.
Our commitment to you
We will always try to support you to move to a home that best meets the needs of you and your family. Mutual exchange is one way of finding your ideal home and completing the move often much quicker than waiting for a transfer.
We will ensure you have all the information you need to make an informed choice about moving home and you are aware of your responsibilities.
Where exchanges are not possible and/or permissible, we will ensure the reasons are clearly set out and communicated.
Definitions
Mutual exchange: where a social housing tenant legally exchanges their property with that of another social housing tenant, (i.e. another not-for-profit housing association or local authority tenant) also known as "home swap".
Assignment: The legal transfer of a tenancy to another person who takes over the tenancy with all the associated rights and obligations of the original tenant’s tenancy. A new tenancy is not created.
Surrender and Re-grant: where a tenant agrees to giving their tenancy back to the landlord, as a result of which, the tenancy and all rights and obligations come to an end, and a new tenancy is granted.
Internal Transfer: where an existing CKH tenant wishes to exchange with another CKH property. This process is covered under CKH Lettings Policy.
How can I apply for a mutual exchange?
You can find a home to exchange through mutual exchange services. We provide our residents with free access to the HomeSwapper website, www.homeswapper.co.uk. You can swap with anyone who lives in a rented home provided by a housing association or local authority, not just someone who already lives in a CKH home.
Once you have found a suitable swap (this could be a direct swap with one other household, or a three or more way swap) you need to start the application process on our website, through MyCKH.
Eligibility
We will not unreasonably withhold our consent for tenancies that have a right to mutual exchange. There are a few reasons that may cause us to refuse your application, and these are outlined below.
We must advise you of the outcome of your application within 42 days of your request being received by us, otherwise we cannot rely on the statutory grounds for refusal. The decision can be to:
- refuse the exchange
- approve the exchange, or
- approve the exchange with conditions
The reasons we can refuse your request to exchange include, but are not limited to:
- There is a current suspended possession order in place.
- Possession proceedings have commenced (ie a Notice of Seeking Possession (NOSP) has been served).
- You or a member of your household is subject to a possession order or injunction or demotion order for anti-social behaviour.
- Proceedings have commenced for a relevant order as in point 3 above.
- The property is too large for the incoming tenant (see exceptions).
- The property is too small for the incoming tenant.
- The property is adapted for a person with special needs and nobody in the new tenant's household has those needs.
- Rent arrears and/or a failed payment plan in place (see exceptions).
The following details eligibility for a bedroom:
1 bedroom – one adult or two adults in a partnership
1 bedroom – 2 children under 10 regardless of gender
1 bedroom – 2 children under 16 of the same gender
1 bedroom – anyone else not included in the above
If you are disabled and require a non-resident carer to stay overnight, you will be allowed one extra room. You will need to evidence this in your application.
If any of the above criteria above applies, and no exceptions are granted, then your exchange will be refused, and we will inform you in writing.
Exceptions to the exclusions
We may, in certain circumstances, allow you to under occupy a home, especially if refusal would have a disproportionate effect on a chain of exchanges. If you are going to be under occupying your new home we will carry out an affordability check and ensure you are aware that your housing benefit will be reduced for every extra bedroom you have (1 extra bedroom leads to a 14% reduction in housing benefit, 2 or more extra bedrooms leads to a 25% reduction).
If you are in rent arrears we can sometimes apply discretion to allow you to exchange, such as if you are moving to a smaller home. You will need to pay off your arrears before you move, and we can withdraw the consent to move at any time before exchange if you do not meet any of the conditions we apply.
Successful applications
If you are moving into one of our homes you have to agree to accept condition of the home you are exchanging to. You are responsible for carrying out your own inspection of the home prior to the exchange, and for making any agreements or arrangements regarding the condition of the home with the outgoing resident.
If you are moving out of one of our homes, we will carry out an inspection of the home you are leaving. All repairs that are your responsibility will be noted and you will be advised the exchange cannot take place until remedied. You can send receipts, pictures and/or video to demonstrate repair has been completed. All repairs which fall under our responsibility will be noted and you must raise these in the usual way.
When we notify you that your exchange application has been successful we will also make you aware that:
- you should seek independent advice on their rights before exchanging.
- you are responsible for viewing the property.
- you are accepting the property as you find it. Anything you are not satisfied with, must be raised prior to exchange.
- any repairs/property damage outstanding, that is the responsibility of the current resident, will become the responsibility of the incoming resident.
- Where the property has been changed following an application to planned work to carry out changes, the incoming resident takes on responsibility for the upkeep and maintenance of these items (non-standard kitchen, bathrooms etc.).
- you are responsible for making your own checks for local issues, on request we may be able to provide details (ensuring data protection is met).
- all conditional consent actions must be completed and satisfactory e.g. paying off arrears, signing under-occupancy disclaimer etc.
If we have to carry out any repairs that are your responsibility they will be recharged.
Gas and Electrical Certificates: all gas and electrical tests will be carried out before the exchange is completed.
Rights on Exchange
Under the Localism Act 2011 (s.158), we will grant residents that have held an assured or secure tenancy (also known as a protected lifetime tenancy) before 1 April 2012, a tenancy with no less security when they move to a CKH home. This will not apply if they choose to move to a property that is let at an Affordable Rent.
If a resident has a lifetime tenancy which began on or after 1 April 2012 and they exchange with a fixed term council or housing association tenant, they may lose their lifetime tenancy, unless they are granted another one.
Internal exchange
If you are a CKH tenant with Preserved Right to Buy (PRTB) (former Peterborough City Council tenant at transfer in 2004) and you are exchanging with any other CKH tenant you may retain your PRTB (but may not be able to purchase that property e.g. if it is an Affordable Rent property, retirement housing etc.)
If you are a CKH tenant who does not have a PRTB (all non PCC-transferring tenants), exchanging with a CKH tenant with PRTB, you will not be granted PRTB as part of the exchange. You may have a right to acquire.
External exchange
If you are a CKH tenant with PRTB exchanging with an assured tenant of another housing association, it is likely you will lose your PRTB.
If you exchange with a secure local authority tenant, you should obtain a statutory RTB at the new property.
All exchange partners (incoming tenants) will not be granted PRTB when coming to CKH, even if you are exchanging with a CKH tenant who had this right and/or you had this right at your previous housing association and/or local authority.
Further information:
Who is responsible for managing the Mutual Exchange Policy?
The Mutual Exchange Policy is the managed by the Home Ownership and Lettings Manager, reporting into the Assistant Director, Housing Needs.
Legislation and regulation
This policy is written in accordance with the following regulatory and legislative requirements:
- Housing Acts 1985, 2004;
- Equality Act 2010
- Localism Act 2011
- Welfare Reform Act 2012
- Immigration Act 2014
Monitoring and review
The Mutual Exchange Policy was written and approved in July 2023 and will be reviewed every three years – next review July 2026.
Other related policies
- CKH Lettings Policy