A mutual exchange is a swap of homes between two or more tenants. All secure tenants and most housing association tenants have a right to exchange properties, providing consent is received from both landlords. Introductory tenants do not have the right to exchange.

Section 92 of the Housing Act 1985 gives secure tenants a statutory right to exchange provided they have the consent of their landlords first.

If the landlord wants to refuse the application to exchange, a notice specifying the ground and reasons for refusing it must be given to the tenant within 42 days of a request for consent.  The main grounds for refusing consent are listed on the full procedure:

The grounds set out are the only grounds on which a landlord may refuse an exchange, although the council retains discretion to agree an exchange legally even if one of these grounds applies. 

NHOs will be asked to provide a report on their tenant/s if an application to exchange has been received from one of them.  

The report will ask the NHO to:

• Confirm details about the household and property on the application.
• Highlight any reason why the exchange ought to be refused.
• Alternatively specify whether the exchange should be agreed and if there should be any conditions.

The council's TOF scheme offers an incentive to tenants to downsize and move by mutual exchange.

The deed of assignment you need to complete is on the top right hand side of this page.