Yes, both tenants wishing to swap homes must have the permission of both landlords before they can move. Formal legal paperwork will need to be completed by all parties as part of the process.
What would happen if I moved without permission?
If you move without permission you will have lost security of tenure and could be evicted.
Will my tenancy change?
It might. It is essential that you understand that in swapping your home you are also taking on the tenancy of the person you are swapping with.
Local authority tenants usually have a Secure Tenancy with rights set out in Acts of Parliament. Housing association tenants are normally Assured tenants with similar rights to those set out in our Tenancy Agreement.
In England, Wales and Northern Ireland, tenancies are usually swapped by way of a “deed of assignment.” This means you effectively take over the existing agreement of the person you are swapping with. Different landlords may also have slightly different tenancy conditions.
If you want to swap homes with someone from another landlord you may wish to contact the landlord for a copy of their Tenancy Agreement so that you can compare them.
Will I pay the same rent?
You may have to pay slightly different rents and/or service charges. Please check with the new landlord.
Can my landlord refuse a swap?
There are grounds whereby your swap can be refused, this includes, but is not limited to the following:
- Either tenant has been served a Notice of Seeking Possession or legal proceedings have begun.
- Either home is adapted or designed to help a disabled tenant, and the new tenant doesn’t need this support.
- Either home is too large or too small for either tenant.
If you are in any doubt as to whether the swap can take place, please contact us for further advice. If your swap is refused you can appeal against the decision. We will give you information on independent advisors in Gloucester who can give you help and advice.
Can my landlord make my move conditional on me doing something first?
If you have broken your tenancy conditions we may only agree for you to swap homes, if you comply with them first.
This can include:
- Making sure your rent is fully paid up to date.
- Complying with other tenancy conditions if you have broken any of them.
Can I pay someone or receive money from someone in exchange for swapping?
No. If you give or receive money or goods to get a swap, you may be evicted or in some cases fined.
Will any repairs or redecoration be done before swapping homes?
No. We do not do repairs just because you are moving or you have moved into a new home. We will do any repairs in line with our normal policy.
Redecoration is the tenant’s responsibility.
Applications for a mutual exchange must be made through our online portal called MyGCH.
If you have any queries regarding a mutual exchange, contact your Housing Officer.