What is a Mutual Exchange?

A Mutual Exchange is a swap of accommodation between two, three, four, or more tenants and relies on each person moving permanently into their exchange partner's property. A tenant cannot exchange into an empty property. All Council and Housing Association/Trust tenants with Secure Tenancies and most Housing Association/Trust tenants with Assured Tenancies can apply to exchange their accommodation. Unfortunately, Mutual Exchanges with tenants in leased or private rented accommodation are not allowed.

You can exchange with people living anywhere in the country providing they have the type of tenancy described above and each mutual exchange partner has the permission of their landlord.

Obtaining Permission to exchange

All tenants must apply for, and obtain permission from their respective landlord(s) before going ahead with an exchange. Your tenancy agreement says that you must not exchange or assign your Tenancy without Octavia’s consent.

Octavia take this very seriously and will take legal action against you if you exchange your accommodation without permission.

However if you ask for permission to exchange then Octavia must reply to you within 42 days and can only refuse to allow an exchange if certain conditions are not met by yourself and your exchange partner.

For example:

Each tenant should have a clear rent account

Generally each tenant should be moving to a property of the correct size for their current housing needs. Octavia will allow people to move into a property with one more bedroom than they need but not to move into a property where they have less space than they need.

A tenant moving to a specially adapted property must have been assessed to ensure that they need that type of accommodation.

These are the main terms that must be met. However, certain other conditions may apply. Follow this link for a full list of Mutual exchange conditions

Things to think about before agreeing to exchange

A mutual exchange is carried out by a legal process called an assignment. In basic terms this means that you agree to take on the tenancy rights and obligations of the person you exchange with. These may be different to the rights you currently enjoy and you need to make sure you understand what these differences may be. For example:

A secure tenant of a non-charitable housing association exchanging with a secure tenant of a charitable association will lose their Right to Buy

A secure tenant taking on an assured tenancy will come under a different rent setting regime.

Some tenants (assured tenants and secure tenants of non-charitable housing associations) will gain certain rights with regards security and the Right to Buy.

Those exchanging with someone who has a furnished tenancy will take on the responsibility for the furniture and pay the appropriate charge as part of the rent. Those with a furnished tenancy who assign will not be able to take the furniture with them.

Mutual Exchanges and Transfers

Pursuing an exchange does not affect your application for a transfer. Octavia will continue to consider your transfer application dependent on your priority on the transfer list. Searching for an exchange can only increase your chances of obtaining a move. If you are a low priority for transfer you can still move if you can find an exchange because the move is not based on your transfer priority.

How will I find a suitable exchange partner?

You can register to be on the list of Octavia tenants looking for an exchange by completing a Mutual Exchange List Form. You will soon be able to download and print the form from this website. Lists of Octavia tenants looking for an exchange are updated on a regular basis. The Mutual Exchange List and the Mutual Exchange List Form are also available by post from the Customer Services Team at Emily House or from the Emily House reception.

Many tenants have found their exchange partners through friends and relatives. Other ways of searching include placing adverts in shop windows or local newspapers in the areas where you are interested in moving .

There are a number of web sites where you can register your details and search for an exchange partner. Some of these are free and others charge a small fee. Octavia cannot recommend any website in particular but amongst those mentioned on Direct Gov the Public Services web site are:

• Exchange UK - UK-wide database, restricted access for free, and option to pay for 'premier membership' http://www.exchangeuk.co.uk/
  
  
• Houseswap Forum - UK-wide database, restricted access for free, and option to pay for enhanced services http://houseswapforum.co.uk/
  
  
• Exchange Homes http://www.exchange-homes.co.uk/
  
  
• UK Homeswap http://www.ukhomeswap.co.uk/
  
  
• Homeswapper http://www.homeswapper.co.uk/

When you have found an exhange partner

Both yourself and your exchange partner need to complete the exchange application form. You can download and print the form or contact the Lettings Team who will send you the forms.

You need to return the completed forms to the Lettings Team at Emily House. The Lettings Team will then ask for a report from your Neighbourhood Officer to check that you meet the conditions for Octavia to agree exchange an exchange.

When the report is completed we will contact your exchange partner’s landlord giving them your details and asking for similar information about their tenant.

When Octavia have all the information about both exchange partners we will contact you to let you know if we consent to the exchange. We will do this within 42 days of receiving your exchange application.

We can agree to the exchange, agree to the exchange subject to conditions being met (for example rent arrears being cleared) or we can refuse permission. If we refuse permission we will explain why the exchange has been refused.

If we agree to the exchange then your Neighbourhood Officer will contact you to make arrangements for your exchange partner and yourself to complete the documents which are needed for the exchange of properties to be legally completed and to agree details such as the date of the exchange and arrangements for moving home