Mutual Exchange
Mutual Exchange is where two or more tenants swap homes with each other. This is a good way to find a new home when there is a lot of people on the housing register.
Council tenants can exchange homes with:
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another North Ayrshire Council tenant
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any tenant of a UK housing association
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any tenant of another UK council
What do I need to know?
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You must not go ahead with an exchange until you have our permission, in writing. If the other tenant is not one of our tenants, he or she must also have permission, in writing, from their landlord. Landlords cannot refuse permission without having good reason. If you or the other tenant go ahead with the exchange without asking for permission, or after permission has been refused, you can be forced to move back.
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The landlord must reply to your request for permission within 20 working days. If you do not get a reply within that time, you can go ahead with the exchange as if it was agreed.
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It is very important to look over the other property carefully before you exchange. When you exchange, you take over the existing tenancy and so take over full responsibility for any alterations, improvements or damage done by the people you exchanged with. If we have to repair any damage they have done, you will have to pay for the cost of the repair.
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It is illegal to pay anyone to exchange with you. If this happens, all the people involved could be made to return to their original homes.
How do I find someone to exchange with?
You are responsible for finding someone to exchange with. There are a number of ways to do this:
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We keep a list of the tenants who are interested in exchanging in the area. You can ask to see this list at your local Area Housing Office to see if you can find someone. You can ask for your name to be added to the list to give someone else a chance of finding you.
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Exchanges are very often found by word of mouth. If you tell people that you want to exchange, word will get around.
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Keep a look out for notices in local shop windows or small advertisements in local papers, and perhaps put up a notice yourself.
Can I move somewhere else in the country?
Yes.
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You can contact the local council and any housing association in an area to find out if they keep a list of people who are interested in exchanging. If they do, you can ask them to put your name on this and they may send you the addresses of people on the list who have shown an interest in moving to your part of the country. We can help you find out who to contact.
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If you can, travel to the area you want to move to. You can look out for notices in local shop windows or newspapers, or you could put up notices yourself.
You can also register with agencies and companies on the internet. They may charge you for this service.
What do I need to do once I have found someone to exchange with?
Either print out an Application for a Mutual Exchange (PDF 290Kb) or request a form from your Area Housing Office. Then fill it in and return it to us. Once we have your application we will check out your details and inspect your home. If another landlord is involved, we will have to ask them for a tenancy report on the other person.
We will write back to you within 20 working days telling you whether we have given permission or not. If we give you permission, we will ask you to sign a new tenancy agreement for your new home. If we do not give permission, we will tell you why.
We will not normally give permission if:
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your home is not big enough and this would create overcrowding;
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you are breaking the conditions of your tenancy agreement, such as being behind with rent payments;
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your home has been adapted for a disabled person and the new tenant does not need these special facilities;
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we have already applied for a court order to make you leave your home; or
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your home, or the new home you want to move to, is only provided in connection with the tenant's job.
The other landlord will normally refuse permission for the same reasons.
If the exchange is refused, you have the right to appeal to a senior officer. If, following an appeal, you are still not satisfied, you have the right to appeal to the Sheriff Court.
If I exchange, do I have a right to buy my home?
Not in all cases. Ask us for more information.
Will you change the locks?
No, but we recommend that you get this done for your own personal security.