Tenants Guide to Mutual Exchanges

Transcription

1 Tenants Guide to Mutual Exchanges This guide sets out: What is a mutual exchange? How to find an exchange Before you start Viewing checklist, with tips on personal safety What to do when you ve found an exchange What we will do when we get your application to exchange Legal matters. What is a mutual exchange? A mutual exchange is when a tenant swaps their home legally with another tenant. They can be a tenant of any housing association or council, and can swap with another tenant of any housing association or council in the United Kingdom. How to find an exchange You can register with a national exchange scheme. There are no Government approved schemes at the moment, but the following are schemes that you can register with: free free payment required payment required All Wandle tenants who have a secure or assured tenancy have the right to apply for a mutual exchange. Mutual exchanges can be a good way of moving to a home that is more suitable for your needs. Tenants Guide to Mutual Exchanges 1

2 You can also; Advertise in local newspapers or shop windows Ask friends and relatives if they know of any tenants interested in an exchange Send your details to our community development team so we can advertise them in our quarterly newsletter. Before you start: 1 Are you up to date with your rent? If you wish to exchange, you must be up to date with your rent. You must pay any rent that you owe before we can agree an exchange. Speak to your Customer Relationship Officer if you re in arrears before considering an exchange and we ll make sure you receive the right advice & support. 2 What size of property do you need? The home that you are going to move into must be the right size for you and your family s needs. Although you are allowed to request an exchange with someone in a home with one more bedroom than you need, you should make sure you can pay the rent remember: if your property is larger than you need and you re on housing benefit, your benefit will be cut by 14%. You must demonstrate how you will pay the difference between the rent due and housing benefit. You cannot swap into a home with fewer bedrooms than you need (see below). Bedsit One bed Two bed Three bed Four bed or larger Single Person Couple without children Family with one child Family with one boy, one girl, both < 10yrs Family with one boy and one girl where one or both of them are older than ten Family with 2 boys or 2 girls, up to 18 yrs Family with 3 children Family with 4 children 2 boys and 2 girls up to 18 yrs Family with 4 children - 3 girls and 1 boy or 3 boys and 1 girl depending on age of children Family with 5 or more children Exchanges In all cases the following rules will apply: Everyone over 18 years old needs their own bedroom, apart from couples Two children of opposite sex will share bedroom until the oldest child is 10 Two children of the same sex will share bedroom until the oldest child is Describing your home Be accurate Give clear details about the size of the rooms, the heating system, and the size of garden Decide which items you will leave, and which you will take with you. Tell anyone interested in swapping what you intend to leave in the property. Tenants Guide to Mutual Exchanges 2

3 Viewing checklist, with tips on personal safety When you find someone you might want to swap with, arrange to have a look at their home. If you don t know the area well, it may be helpful to ask the following questions: General area checklist Schools where are they? Check with the local council education department if places are available for your children Doctors surgeries where are the nearest ones? Check which are accepting new patients Public transport how good and reliable are the services? Post office, local shops where are they, and what are their opening hours? Parking what is it like at weekends and evenings when everyone is home? Is there enough space? Do they rent a garage? Would you be able to take it over? A website with local information about most areas in Britain is The property checklist Are all the door locks working properly? How many sets of keys do they have? It is always best to change locks once you move in. This will have to be at your own expense. If there is a door-entry system, do they have the security tags for the entry system? There will be a charge for supplying extra tags Is there a TV aerial or satellite dish, and are they leaving it? Is digital or cable TV available? Is the cooker point gas or electric? If it is electric, is gas available, and how much would it cost to install a cooker? Are all the fittings, including kitchen units, toilets, bath and basins, the ones the landlord supplied, or have the tenants changed any? We would not be responsible for tenants alterations Have they suffered flooding or water damage? What are they leaving behind (carpets, curtains, blinds etc.)? What is the condition of the property? If you have to redecorate, how much will this cost? Are any repairs still to be done, such as cracked windows, missing doors, cracked washbasin or bath, or did they make any alterations without permission? (These are examples of items which we will not repair) Check whether the garden has been looked after. Check the condition of things like fences, sheds or play equipment, that you may need to repair. Remember, if the exchange goes ahead, you agree to accept the property in its current condition. Rent and bills How much is the rent? Are there any additional service charges? If so, what are they for and how much are they? How much are bills for electricity, gas and council tax, and who are they paid to? Are water rates included in the rent, or are they paid separately? Is there a water meter? If paid separately, who to? (Many council tenants pay water rates to their landlord, but most housing association tenants pay water bills to the water company). Safety tips for when you are viewing a property Always plan your journey in advance and check bus and train times. If practical, order a taxi to come to the property you are viewing at a set time, or arrange for someone to collect you at a pre-arranged time. Look at the property in daylight. Take someone along with you. If you can t take a friend, leave the following details with a friend, or in an obvious place in your home, or on your own answer phone: Where you are going (address and telephone number) The time of the viewing, and The name of the person you are meeting Ask the person you are meeting if there will be someone else there when you look at the property. Tenants Guide to Mutual Exchanges 3

4 Say it s a personal safety rule and you need to know as many details as possible so that you can tell a friend where you are Don t accept a lift before or after viewing a property, no matter how tempting the offer Carry a personal alarm on you Bring your mobile phone and keep it switched on and in a safe place, out of view. If you don t have one, see if you can borrow one Use the mobile phone to log someone in. Phone a friend or relative to say Hi, just to let you know I ve arrived at... and Mr (or Mrs)... is showing me around. I ll meet you in 20 minutes, but give me a ring if I m running late. Trust your feelings. If you feel uneasy about something, leave straight away. Before you go to the viewing, have an excuse ready in case you want to leave (feeling sick/room sizes not big enough/too large for your needs). Be polite about the property you are viewing If you feel comfortable in the property and with the tenant, take your time to view. Ask questions about (for example): The neighbours The area The quality of any services provided by the landlord, such as repairs, cleaning and gardening of any communal areas How easy or hard it is to get in touch with the landlord Go back to look at the property at different times, such as daytime weekday and weekend, and evening weekday and weekend Check how many people are in the household, as the exchange will not be allowed if your family will be overcrowded in the new home, or if the new home is much larger then you need. Ask if there are any other problems, such as unpaid rent, or a joint tenancy where one of the tenants is no longer around. Issues such as these could delay or prevent an exchange. Safety tips for when you are showing your property to someone Don t give out unnecessary personal details Try to make sure someone is with you during the viewing Check whether there will be anyone with the person who is viewing your property, and if so, who it is Let a friend or neighbour know that someone is coming to see your home. Give the name, address and telephone number of the person viewing, and the time of viewing Let the viewer know that your friend or neighbour will be dropping by in minutes, and arrange with someone to do so. Let the friend or neighbour know that if you phone during the viewing, they should come immediately If you are uneasy, phone the friend or neighbour so that they come immediately. What to do when you ve found an exchange Contact your Local Area Team (contact details provided below) and ask for an Application to Exchange form Tell your exchange partner (the tenant you re swapping with) to ask for their landlord s application to exchange form If you are both Wandle tenants, you will each need to complete a Wandle form Complete the form and make sure all the tenants or joint tenants involved in the exchange have signed Send or hand in the forms to us and to the exchange partner s landlord; you may want to keep a copy. Make a note of the date the forms are sent or handed in The landlords have 42 days, from the date you apply to exchange, to make a decision and confirm it in writing to you and your exchange partner If the landlord does not send you a decision in writing, legally you may continue with the exchange as if you had had their approval. Do not make any arrangements to move at this stage. What we will do when we get your application to exchange We will: Check your rent account to ensure you have no arrears Check whether you have a secure or assured tenancy, who the named tenants are, and that you (or both of you) have signed the application- toexchange form Tenants Guide to Mutual Exchanges 4

5 Check there are no legally valid notices, court orders or ongoing proceedings for anti-social behaviour or other breaches of tenancy Check there are the right number of people for the Wandle property in the household of the exchange partner. Any problems arising from these checks could delay or prevent the exchange. If we refuse the exchange on legal grounds, we will write to you to say we cannot agree to it. If the above checks are satisfactory, we will; Write to the other landlord with your details and ask them to fill in our reference form Arrange for the housing officer and the area surveyor to check your Wandle property Tell you and the exchange partner in writing about any repairs or reinstatements that you must put right before you move. This could include: Refixing doors that have been removed Replacing non-standard door handles that are unsuitable Removing locks that may have been fitted to internal doors Mending holes in walls or doors Replacing cracked or broken toilet seats or other sanitary fittings (baths, basins) Replacing damaged electric socket plates or light switches and replacing dimmer switches with standard switches Removing ceramic floor tiles that have been placed onto wooden boards as this could cause water damage to the timber Removing mixer taps/shower attachments where there is not enough tiling to prevent leaks Reinstating any alterations that have been done without our permission. Decorating is the responsibility of you or the incoming (new) tenant (or both) and not us. You must agree responsibilities for decorating with your exchange partner before the move. If the reference from the other landlord is satisfactory, we will write to the landlord telling them we agree to the exchange going ahead We will get in touch with you to say that the exchange is agreed and ask that you and your exchange partner decide a date to move When a date is agreed, we will make an appointment for you and your exchange partner to sign a Deed of Assignment, which transfers all the interests and rights in the property from you, the outgoing tenant(s), to the incoming tenant(s) If you change your mind about the exchange, or they do, you must pull out of the exchange before the Deed of Assignment is signed. Once the Deed is signed, you are legally bound to move into each other s properties. The outgoing and incoming tenants (you and your exchange partner) can only move once both landlords have given permission and the Deed of Assignment has been signed. The Deed of Assignment is usually signed at a Wandle office. If there are difficulties due to health or other problems, you can sign the Deed in your home. If the exchange is with someone outside the Greater London Area who cannot travel to a Wandle office, they can send the completed Deed of Assignment by post. The new tenant will need to give us some basic information about themselves, including: Full names and dates of birth for themselves and any joint tenant Employment details Income details National Insurance numbers Details of all household members, including name, date of birth, and employment Tenants Guide to Mutual Exchanges 5

6 Information about disability/vulnerability/ medical needs Details of any support worker/social worker/ probation officer Contact details Next of kin/emergency contact Ethnicity and language details. Tenant information We will give the new tenant the tenants handbook and all the information they need about paying rent and claiming housing benefit; reporting repairs; ways to become involved as a Wandle resident; and anything else they ask for. Removals and keys You and the person you are exchanging with are responsible for the removal arrangements and transfer of keys. We will not get involved in these things. Settling-in visit One of our Customer Relationship Officers will arrange to visit the new tenant four to six weeks after the exchange has taken place, or within two weeks if the Deed of Assignment has been sent by post and the new tenant has not visited a Wandle office. What happens if someone refuses to move after the Deed of Assignment has been signed? This hardly ever happens. From the moment the Deed of Assignment is signed and witnessed the assignment (exchange) is legally complete Even though you and your exchange partner are still living in the same properties as before the mutual exchange, you are counted as the old tenants of these properties. Likewise, you are the new tenants to the property you have not yet moved into Both landlords should try to do everything they can to sort out the situation in a quick and friendly way The landlord of the tenant who is refusing to move will get in touch with them and tell them that if they do not move, they will take back the property and they may have to pay the legal costs The landlord of the tenant refusing to move will start possession proceedings because that tenant no longer has any right to live in the property Alternatively, the tenant who is prevented from moving could take out an injunction to force the other tenant to move out. If they still did not move, they would be in contempt of court and could be sent to prison. Legal matters Secure tenants Secure tenants have a statutory (legal) right to exchange set out by the Housing Act 1985, as long as the landlord gives permission. Assured tenants Assured tenants do not have a statutory right to exchange. However, we give assured tenants the same rights as secure tenants. This means that an assured tenant s tenancy agreement allows mutual exchanges. They therefore have a contractual right to a mutual exchange with our written consent. Demoted tenancies (secure or assured) Demoted tenants do not have the right to exchange as long as the demoted tenancy lasts. Tolerated trespassers You are a tolerated trespasser if you have a suspended possession order against you and you have broken the order by not keeping to its terms (usually this means by not paying the rent). Even if you no longer owe rent, you will need to have your tenancy restored before you can exchange. Mutual exchanges between different tenancy types Mutual exchanges can take place between assured and secure tenants with the landlord s written agreement. Tenants can also exchange between different landlords. As mutual exchanges are called assignments, you will be assigning your interest in the tenancy and its conditions to the person you are exchanging with. Tenants Guide to Mutual Exchanges 6

7 Landlord s right to refuse an exchange The law states 11 grounds (reasons) on which we can withhold or refuse consent to a mutual exchange. (Schedule 3 Housing Act 1985 and Housing Act 2004). Here is a plain-english description of them: Ground 1 There is a Possession Order on you or the new tenant. Ground 2 A Notice of Seeking Possession has been served on you or the new tenant. Ground 2a You or any member of your household has behaved in an anti-social way, and we are taking or seeking legal action against you, including possession proceedings, injunctions, anti-social behaviour orders or demotion orders. Ground 3 The property is much bigger than the new tenant needs. Ground 4 The property is not large enough for the needs of the new tenant. Ground 5 The property is tied accommodation. Ground 6 The landlord is a charity and the new tenant would conflict with the charity s aims or purposes. Ground 7 The property has special features that make it suitable for a physically disabled person to live in, and if the exchange took place there would no longer be such a person living there. Ground 9 The property is supported housing for people with special needs, and if the exchange took place there would no longer be such a person living there. Ground 10 The property is dealt with through a management agreement where the manager is a housing association, and the new tenant is unwilling to accept specific arrangements that apply. For more information please contact your Local Area Team Lambeth and Southwark lambethandsouthwark@wandle.com Wandsworth wandsworth@wandle.com Croydon, Lewisham and Bromley croydon@wandle.com Merton, Kingston and Sutton merton@wandle.com Ground 8 The landlord is a housing association or housing trust that lets properties to particularly vulnerable people, and if the exchange took place there would no longer be such a person living there. If you require any document or letter you receive from Wandle translated or interpreted, please contact your Local Area Team