Why we may refuse a mutual exchange
There are, by law, 11 grounds on which the local authority can withhold or refuse consent to a mutual exchange:
- Ground 1 - There is a Possession Order on the property.
- Ground 2 - A Notice of Seeking Possession has been served.
- Ground 2a - The tenant or any member of his household has behaved in an anti-social way and action including Possession proceedings, injunctions, anti-social behaviour orders or a demotion orders against them are in place or are been sought.
- Ground 3 - The property is bigger than is needed by the family wishing to move into it.
- Ground 4 - The property is not big enough for the family wishing to move into it.
- Ground 5 - The property is tied accommodation.
- Ground 6 - The landlord is a charity and the proposed new tenants moving into the property would conflict with the objects of the charity.
- Ground 7 - The property has special features that make it suitable for occupation by a physically disabled person who needs it and if the exchange took place there would no longer be such a person living in the property.
- Ground 8 - The landlord is a Housing Association or Housing Trust that lets properties to particularly vulnerable people and if the exchange took place there would no longer be such a person living in the property.
- Ground 9 - The property is supported housing for people with special needs and if the exchange took place there would no longer be such a person living in the property.
- Ground 10 - The property is the subject of a management agreement where the manager is a Housing Association and there are specific arrangements in place that the proposed new tenant is not willing to participate in.
Should your application be refused on one of these grounds you will be given details in writing of the grounds for refusal. You have the right to appeal against the decision. If you wish to appeal, you should do so in writing to the Business Manager - Lettings.