Grounds for refusal of a mutual home swap exchange application

 

There are, by law, only 10 grounds on which the local authority can withhold or refuse consent to a tenancy assignment by way of mutual exchange - the most common grounds being if the applicants are subject to a Notice of Seeking Possession or if they wish to move to a property which is much bigger or smaller than they actually need.

If permission has been granted, the tenant will be asked to sign an agreement to the effect that they are willing to accept the accommodation as it stands. The grounds on which the local authority can refuse are:

Ground 1
The tenant or the proposed assignee is obliged to give up possession of the dwelling-house of which is the secure tenant in pursuance of an order of the court, or will be so obliged at a date specified in such an order.

Ground 2
Proceedings have been begun for possession of the dwelling-house if which the tenant or the proposed assignee is the secure tenant on one or more of grounds one to six in part one of Schedule two (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 (Notice of Proceedings for Possession) which specifies one or more of those grounds and is still in force.

Ground 3
The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

Ground 4
The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his/her family.

Ground 5
The dwelling-house:

Forms part or is within cartilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

Was let to the tenant or predecessor in title of his/her in consequence of the tenant or predecessor being in the employment of:

  • the landlord
  • a local authority
  • a new town corporation
  • a housing action trust
  • the Development Board for Rural Wales
  • an urban development corporation, or
  • the governors of an aided school


Ground 6
The landlord is a charity and the proposed assignee's occupation of the dwelling-house would conflict with the objects of the charity.

Ground 7
The dwelling-house has features which are substantially different from those of an ordinary dwelling-house and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 8
The landlord is a Housing Association or Housing Trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and it the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 9
The dwelling-house is one of a group of dwelling-houses which is the practice of the landlord to let for occupation by persons with special need and a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling-house.

Ground 10
The dwelling-house is the subject if a management agreement under which the manager is a Housing Association of which at least half the members of the association, and the proposed assignee is not, and is not willing to become a member of the association.

Ground 10 was added by the Housing and Planning Act 1986, Schedule five, Paragraph seven.

 

 
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