What is a Mutual Exchange?
The 1985 Housing Act (Part 4, Section 92) gives tenants the right under certain circumstances to exchange their homes.
Who can apply?
Secure Leeds City Council tenants can apply to exchange their home with another Leeds City Council tenant; or a Housing Association tenant as long as the landlord(s) agree.
How do I find an exchange in Leeds?
Tenants that want to exchange their home advertise their property details on the Leeds Homes House Exchange website (www.houseexchange.org.uk).
You can access the web from the comfort of your own home, at your Housing Office or the local library.
I don't have access to a computer, can I still register?
If you don't have a computer you can get a friend or member of your family to register you and to do online searches. Alternatively you can use a public access computer such as in your local libary or internet cafe. If you cannot access the internet don't worry you can call us on 0113 2224413 and we can add your details for you. We will also send you details of any matches.
How do I advertise the details of my property?
If you would like to advertise your property you will need to register on the House Exchange website (www.houseexchange.org.uk). Once you have registered, your details will be approved and you will be sent your login details through the post. Once approved your property will appear on our database and you will be able to run searches to find someone suitable to swap with.
If you have any questions speak to your local housing office or one-stop centre who will be happy to help.
Don’t forget to tell your friends that you want to move; they may know of someone who will want to exchange with you. Many people find a suitable exchange by doing this.
Do I need permission to do an exchange?
Yes.
The landlords of all the people involved in the exchange must agree to the exchange before you can move.
Make sure you have seen the property and are happy with it before you apply to exchange – East North East Homes Leeds will not clear gardens or decorate properties as a result of an exchange.
Only repairs covered by the conditions of tenancy will be carried out (if repairs are required, check with the housing office that they will be done).
To apply for permission to exchange you will need to complete an application for Mutual Exchange Form. The other household(s) in the exchange will also need to complete a form.
You must not move home until you have both been and signed the agreement form. If you do move without permission East North East Homes Leeds can take legal action against you.
What happens next?
Before we agree to the exchange, we need to check that:
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you qualify for the size and type of property you wish to move to
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your rent account is clear and there is not a possession order on your home for either rent arrears or anti social behaviour
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the condition of your home is satisfactory
If there are any problems you will be sent a letter to tell you and explain any steps you can take that might lead East North East Homes Leeds to reconsider your application.
What size property can I have?
When we offer properties through the Housing Register we only offer the size of property that you need to house everyone who lives with you on a permanent basis. However with we may agree to the exchange if the property is the correct size or that you will have one spare bedroom, (not all landlords will do this so you may need to check their policy). We will not agree to an exchange where you would be overcrowded.
Property Type – Smallest Household Eligible
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Bedsit - Single Person
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One bedroom property - Single Person
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Two bedroom property - Single Person
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Three bedroom flat / maisonette - Single person with access to a child, couple or two adults sharing
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Three bedroom house - Family with one child, couple or two adults sharing
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Four bedroom flat / maisonette - Family with two children or household of four people
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Four bedroom house - Family with three children or household of five people
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Five bedroom house / maisonette - Family with five children or household of seven people
If a property is adapted or specialized the mutual exchange may be refused.
What happens when I find a suitable match?
Whilst we will try and process your application quickly this process does take time to complete. You will need to be realistic about the time it will take for you to be able to move. Once you have informed us in writing that you want the exchange to go ahead we will confirm within 42 days if the exchange can proceed.
We will need to inspect your property and you will be asked to put right any damage BEFORE the exchange goes ahead. Your rent account will need to be up to date. The landlord of the property you want to swap with will do the same. Both landlords will then exchange reports.
If the exchange is agreed we will contact you to agree a convenient date to move. We will only refuse an exchange in limited circumstances and will give you clear reasons why.
What can I do if I am unhappy with the way my exchange is being dealt with?
We hope that everything will go smoothly but if you are unhappy with the way your exchange is being handled you should firstly speak to the Housing Officer concerned. If you are still unhappy then you should pursue your complaint through our complaints procedure. A leaflet explaining this procedure is available at our offices or is published on our main website.
What is a three way exchange?
A three way exchange is useful where you have found someone to swap with but they don’t want to move in to your property. If you can find someone to complete the loop this is what is know as a three way swap. To search for a possible three way swap you will first need to register.
What about my right to buy?
Not all tenancies have the Right to Buy so before you exchange you should check with the landlord. If you move into a Local Authority property (where the current tenant has the right to buy) - you will probably obtain that right. If you move into a Housing Association property you will probably not obtain that right.
How do I know this information is accurate?
Applicants supply their own information and we are unable to verify that they are correct. House Exchange accepts no liability for any incorrect details contained on the House Exchange website. We strongly recommend that you personally check all details before any mutual exchange takes place.
What about joint tenancies?
In order to complete a mutual exchange when you have a joint tenancy, both tenants will have to agree to an exchange taking place, as both will have to sign the deed of assignment.