Can My Landlord Refuse a Mutual Exchange?

You've found someone to swap with, the homes suit you both, and you've sent the forms in. Then the worry starts: can your landlord just say no?

The short answer is yes, but only for a small number of reasons. If you're a council or housing association tenant, your landlord can't turn down a swap because they don't fancy it, or because the paperwork is a nuisance. Here's how it works.

Your Right To Swap

Most social housing tenants have a right to swap homes with another social tenant, as long as both landlords agree. In England, secure council tenants have this right under the Housing Act 1985. Housing association tenants with an assured tenancy usually have it in their tenancy agreement, and the Regulator of Social Housing expects housing associations to let their tenants swap.

The key point is that your landlord's agreement isn't a favour. They can only refuse for one of the reasons the law sets out, and they have to tell you which one.

How Long Your Landlord Has To Reply

In England, your landlord must give you a decision within 42 days of receiving your written request. If they refuse, they have to say which legal ground they're relying on.

The clock starts when they get your application, so keep a copy and note the date you sent it. If you hand it in, ask for a receipt.

The Reasons A Landlord Can Refuse

These are the main grounds, in plain English:

• Eviction action. You or the person you're swapping with has a possession order, or the landlord has started possession proceedings, for example over rent arrears.
• Antisocial behaviour. Either tenant has an injunction or a demotion order for antisocial behaviour.
• The home is too big. The new household would have far more space than they need. Swapping a three-bed house to a single person is the usual example.
• The home is too small. The new household would be overcrowded.
• The home is adapted. It has been specially adapted for a disabled person, and nobody moving in needs those adaptations.
• The home is for a particular group. It's sheltered housing for older people, supported housing, or let by a charity or specialist housing association to a specific group, and the incoming tenant isn't in that group.
• The home is tied to a job. It comes with employment, such as a caretaker's flat.

If none of these apply, your landlord shouldn't refuse.

What Landlords Can't Refuse For

A landlord can't say no just because:

• they would rather offer the home to someone on their waiting list
• they don't like the look of the other tenant
• the swap is across council boundaries or with a different landlord
• it's inconvenient, or they're short of staff

When Consent Comes With Conditions

Rent arrears catch a lot of people out. On their own, arrears aren't a reason to refuse outright. Instead, your landlord can agree to the swap on condition that you clear the arrears, or put right any other breach of your tenancy, such as damage to the home, before you move.

If you owe rent, it's worth talking to your landlord early. Some will agree a plan, and knowing the figure up front saves a nasty surprise near moving day.

What To Expect Before Moving Day

Even when the answer is yes, most landlords will:

• inspect both homes
• carry out gas and electrical safety checks
• ask you to sign a deed of assignment, which passes the tenancy from one tenant to the other

With most swaps you take the new home as seen. Any repairs, decorating or fixtures you accept become yours to live with, so look round properly before you agree. Our post on writing a handover note covers what to ask the other household.

Your Tenancy Type Matters

When you swap, you usually take over the other person's tenancy rather than keeping your own. That can change your rights. If you have a lifetime tenancy and swap with someone on a fixed-term tenancy, ask your landlord which type of tenancy you'll end up with before you sign anything.

What To Do If You're Refused

1. Check the reason. Is it one of the grounds above, and does it really apply? Mistakes happen, especially over bedroom sizes and household numbers.
2. Ask for a review. Write to your landlord, explain why you think the decision is wrong, and ask them to look again.
3. Use the complaints process. If that doesn't work, make a formal complaint. After that, council and housing association tenants can take it to the Housing Ombudsman.
4. Get advice. Shelter or Citizens Advice can tell you whether to take it further. If your landlord refuses without a valid ground, or doesn't reply within 42 days, a court can decide.

Wales And Scotland

The rules are similar but not the same. In Wales, swaps come under the Renting Homes (Wales) Act 2016, and landlords can't unreasonably refuse. In Scotland, the Housing (Scotland) Act 2001 applies, and landlords have to reply within a month and can only refuse on reasonable grounds. Shelter Scotland and Shelter Cymru can help with the details.

Find Your Swap

Most swaps that are refused fall at the same few hurdles: rent arrears, a home that's too big or small, or adaptations that don't match. Check those first and most swaps go through.

See how the process works on our how it works page, look up your landlord in our landlord directory, or list your home free and start looking for your swap.