Application to exchange dwellings - guidance notes

Please ensure you read the following before submitting the form.

1. Great Yarmouth Borough Council tenant(s) wishing to exchange dwellings with another Council or Housing Association tenant(s) must complete, in full, sections A, B and E.  The other tenant(s) must complete, in full, sections C, D and E. Where there is a joint tenancy, both tenants must sign.
2. Completing this form in no way constitutes any acceptance that the proposed exchange will be approved and applicants are warned that they must await written permission from the Council before exchanging.
3. If either party to the exchange cancels prior to signing the 'deed of exchange', the exchange will stop.
4. If after agreeing to the mutual exchange either party gives Notice to end their tenancy the mutual exchange will be cancelled, the other tenant will not be allowed to transfer to the vacant dwelling.  Any exchange approved by this Council is conditional on both parties exchanging dwellings.
5. Any information supplied which is found to be false, could lead to the application being cancelled or if found subsequent to the exchange taking place may result in the cancellation of the tenancy.
6. If you will be under occupying the property you want to exchange to, please provide supporting evidence detailing your need for an extra bedroom or other reasons in support of your need to move.

Mutual Exchanges - criteria

Secure tenants and flexible secure tenants have a legal right to exchange tenancies under the Housing Act 1985. Non-secure and introductory tenants do not have such a right to exchange tenancies.

Landlords, including GYCH, are able to deny consent to exchange only in certain circumstances as listed under Schedule 3 of the Housing Act 1985. These include where possession proceedings are in place for a breach of the tenancy or where the accommodation is substantially more extensive than is reasonably required or does not meet the needs required by the incoming tenants' household.

There is no legal definition of 'substantially more extensive' and GYCH have interpreted this as being one bedroom or more in excess of that required, or 1 less, based on the following:

• children under 16 of the same gender will be expected to share a bedroom
• children under 10 will be expected to share a bedroom regardless of gender

As a rule a tenant or partner with disabilities requiring a non-resident overnight carer will be allowed an extra bedroom.

We take into account everyone who lives with you on a permanent basis and will only usually only agree to the exchange if the property is the correct size for the incoming tenant and their family. We may consider the additional needs of the household within the next 3 to 6 months.

Consent may be granted in situations where allowing an exchange, regardless of the size criteria, will enable the best use of our stock.  Where it is accepted that a household requires more bedrooms than allowed under the size criteria, we will discuss the impact of any benefit entitlement and increased net rent liability.

Consideration will be given for any medical or social need that leads to a family requiring more bedrooms; the need will be assessed by either the Councils medical adviser or a senior council officer, you will need to provide evidence from other agencies to support your request with the application.

Great Yarmouth Borough Council has a residency test under its allocation policy; you should ensure that the property you want to exchange to is going to be suitable for you and your family until you are eligible to register for a move. The Full Tenancy Policy and Allocation Polices can be viewed on our website.