Mutual exchange policy
Conditions for mutual exchange
5.1 Consent must be obtained from WHBC and all other landlords before a mutual exchange can take place.
In the event that a mutual exchange occurs without our knowledge or consent, the occupants will be treated as unauthorised and legal action to repossess the property may be taken.
5.2 The applicants of a mutual exchange must be applying under their own free will, having found a suitable property match. They must not have been coerced or forced into making such an application and neither should any money or other form of recompense be offered or take place.
5.3 Schedule 3 of the Housing Act 1985 and Schedule 14 of the Localism Act 2011 sets out the only grounds on which WHBC may withhold its consent to an exchange.
5.4 WHBC may make its consent conditional where a tenant is in rent arrears, or in breach of another obligation of the tenancy. In such cases WHBC can attach a condition requiring the tenant to fulfil the particular obligation that has been breached. Typical examples would be the following:
- Rent arrears or any other debts such as former tenant arrears, court costs or rechargeable repairs to be repaid.
- Unauthorised alterations to be remedied.
- Damage to property or poor condition to be remedied
- No other types of condition may be imposed.
5.5 Where the exchange is with a tenant from another landlord, WHBC will only approve a mutual exchange on receipt of confirmation in writing from the other landlord that they have consented to the exchange and where a tenant has completed a WHBC reference and there are no obvious grounds to refuse an exchange.
5.6 Where a tenancy is in joint names, a mutual exchange will not be approved unless both tenants have completed and signed the mutual exchange application form.