Housing Allocations Policy

Mutual Exchange

Legal Background

The law relating to mutual exchange is set out in Part II, Section 33 and schedule 5 of the Housing (Scotland) Act 2001 (the Act).

Applying/Making a Decision

A tenant who wishes to mutual exchange his/her property shall apply using the official form available from any of the Area Offices.

A tenant shall not mutual exchange his/her house (or any part of it) without the Council's written permission.

The Divisional Housing Manager shall make a decision within 1 month of receipt of the application. The Divisional Housing Manager shall give his/her reasons if the request is refused.

Where an applicant is not a South Ayrshire Council tenant, the Council shall require the agreement of the other landlord and a satisfactory tenancy reference.

When Might a Request be Refused?

The Divisional Housing Manager is unlikely to give permission to mutual exchange in any of the following circumstances:

Debt to the Council
Where the tenant owes any tenancy related debt to the Council, including: current tenant arrears; rechargeable repairs; replacement fittings; or court costs.
Overcrowding
Where the proposed mutual exchange would lead to overcrowding, as defined in the section 'Overcrowding' (unless mutual exchanging to a property of the same size).
Excess Number of Bedrooms
Where the proposed mutual exchange would lead to under-occupation, as defined in the Under- Occupation section . However, applicant’s will be allowed to exchange to a property of the same size or a smaller size subject to a decision by the Area Housing Manger who will take into account the following rule.- Transfer applicants who are underoccupying accommodation as defined by the Under-Occupation section of this policy may choose to be held for 1 bedroom more than they require to help utilise stock.

Right-to-Buy
Where the tenant has applied to purchase his/her property.
Condition of House/Garden
Where the tenant has not maintained his/her house or garden to a satisfactory standard.

Property Type
Where the property is unsuitable for the applicant's, (or a member of the applicants household's) medical condition. (Applicants shall only be considered for ground level housing through mutual exchange if they require this type of housing under the rules of this policy, or there is no current demand from applicants for ground level housing in the relevant neighbourhood).

Proceedings for Possession
Where a notice under section 14(2) of the Housing (Scotland) Act 2001 has been served on the tenant or an eviction order has been granted.
Disabled Adaptations
Where adaptations at a cost of £2500 or more have been carried out, unless there has been a substantial change in circumstances requiring a move to another property or the other property is already suitable.
Anti-Social Behaviour
Where the tenant or a member of his/her household is subject to an investigation of anti-social behaviour.

Conditions of Mutual Exchange

Condition of Property
Each party wishing to exchange shall be satisfied that the house to which they propose to exchange is in an acceptable condition to them, as no repairs other than those specified in the Council's tenancy agreement shall be carried out by the Council.

Housing Exchange Links

www.direct.gov.uk