Introduction to Home Swaps
A home swap, also known as a mutual exchange, is a legal process that allows tenants of council or housing association homes to exchange properties with another tenant. This arrangement is designed for those who want to move to a different area, need a home that better suits their needs, or wish to downsize or upsize, all without having to end their current tenancy or go through the standard housing waiting list.
How does a home swap work? Both tenants agree to swap homes and, with the necessary permissions, each takes over the other’s tenancy. This is a popular option for families looking for more space, individuals seeking to be closer to work or relatives, or anyone whose circumstances have changed since they first moved in.
What are the benefits? The main advantage is flexibility. You can find a property that better matches your requirements – such as location, number of bedrooms, or accessibility features – while keeping your status as a secure or assured tenant. You also avoid the uncertainty and potential delays of reapplying for social housing. Swapping homes can be quicker and gives you more control over where you move.
What is the legal basis for home swaps? The right to a mutual exchange is protected by law for most secure and assured tenants under the Housing Act 1985 (for council tenants) and the Housing Act 1988 (for housing association tenants). However, there are rules and conditions:
You must get written permission from your landlord (the council or housing association) before proceeding.
Both tenants must have a clear rent account (no significant arrears) and must not be facing eviction.
The property you want to move into must be suitable for your household’s needs.
Landlords can only refuse a swap for specific legal reasons, such as if the property would be overcrowded or if legal action is being taken against one of the tenants.
Who can swap? Most tenants with secure or assured tenancies can consider a home swap, but it’s important to check your tenancy type first. Different types of tenancy agreements come with different rights and responsibilities. For example, those with introductory or demoted tenancies may have limited or no rights to exchange.
If you’d like to understand the full legal framework and steps involved, our main home swaps page provides a detailed guide, including the permissions required, how to find a suitable exchange partner, and what to expect during the process.
In summary, home swaps offer a practical and legally supported route for council and housing association tenants to move to a more suitable home, all while keeping the security and rights of their existing tenancy.
Who Can Swap Homes?
To be eligible for a home swap – also known as a mutual exchange – you must be a tenant of either council housing or a housing association property. Not all tenants qualify, so it’s important to understand the rules before starting the process.
Generally, you can swap your home if:
You are a secure council tenant or an assured housing association tenant.
Both you and the person you wish to swap with have the right type of tenancy.
You have written permission from your landlord before making any move.
A secure tenancy is the most common form of council tenancy, giving you long-term rights and security. An assured tenancy is typically offered by housing associations and provides similar protections. If you’re unsure about your tenancy type, check your tenancy agreement or ask your landlord. More information about what qualifies as secure or assured tenancies can be found at Mutual Exchange – NewcastleHomes.org.uk.
You usually cannot swap if:
You have an introductory, demoted, or fixed-term flexible tenancy (unless your landlord agrees).
You are a lodger, sub-tenant, or living in temporary accommodation.
There are outstanding rent arrears or you have breached your tenancy agreement.
There is a court order against you, or you are in the process of being evicted.
Even if you meet the eligibility criteria, you must always get written permission from your landlord before exchanging homes. Both your current landlord and the landlord of the person you wish to swap with must agree to the exchange. Landlords can only refuse permission for specific reasons, such as if the swap would lead to overcrowding or if legal action is being taken against you.
Start by confirming your tenancy type and checking if you have any restrictions.
Discuss your plans with your landlord early in the process.
Make sure the person you wish to swap with is also eligible and has the right permissions.
Never move out or exchange keys until you have official written approval from all landlords involved.
For more details on who can swap and how the process works, see the guidance on secure or assured tenancies. This will help ensure your home swap is legal and protects your rights.
How to Arrange a Home Swap
Arranging a home swap, also known as a mutual exchange, involves a few key steps to ensure the process is legal and runs smoothly. Here’s what you need to know if you’re considering exchanging your council or housing association home with another tenant.
The first step is to find another tenant who wants to swap homes. You can do this by:
Using mutual exchange websites: There are several online platforms dedicated to helping tenants find suitable swap partners. Some popular options include HomeSwapper, House Exchange, and SwapandMove. These sites let you create a profile, list your property, and search for matches based on location, size, and other preferences.
Contacting your local council or housing association: Many landlords keep lists of tenants interested in exchanging homes. Ask your housing officer if they have a register or bulletin board where you can advertise your property or view others looking to swap.
Networking locally: Sometimes, word of mouth or community noticeboards can help connect you with potential swap partners in your area.
Remember, you can only swap with another secure or assured tenant, and both parties must have the right to exchange under their tenancy agreement.
Once you’ve found someone suitable, you must get written permission from both your current landlord and your swap partner’s landlord. This is a legal requirement under the Housing Act 1985 (for council tenants) and the Housing Act 1988 (for housing association tenants).
How to apply:
Contact your landlord: Request a mutual exchange application form. Both tenants will need to fill in forms for their respective landlords.
Provide details: You’ll be asked for information about yourself, your property, and the person you want to swap with.
Arrange property inspections: Landlords often inspect both homes to ensure they’re in good condition and check for any breaches of tenancy.
It’s important not to move until you have received written approval from both landlords. Swapping without permission could result in eviction.
Timeframe for approval: Landlords must make a decision within 42 days of receiving your application. They will assess factors such as:
Whether your rent is up to date
If your home is in good repair
Whether the swap would lead to overcrowding or under-occupation
If there are any legal reasons to refuse (for example, if eviction proceedings are in progress)
If permission is refused: Your landlord must give you a written explanation. Common reasons for refusal include rent arrears, anti-social behaviour, or if the property is adapted for special needs and the incoming tenant does not require those adaptations. If you believe the decision is unfair, you can ask for a review or seek advice from a housing adviser.
To give your application the best chance of success:
Make sure your rent is paid up to date and any tenancy breaches are resolved.
Be honest about your household and circumstances.
Check your tenancy agreement for any specific rules about exchanges.
Gather supporting documents such as proof of identity and recent rent statements.
If you’re unsure about any part of the process, your housing officer can provide guidance. You can also read more about the mutual exchange process and the legal requirements involved.
By following these steps and understanding your rights, you can increase your chances of a successful home swap and find a property that better suits your needs.
Landlord’s Role and Permission
When you want to swap your council or housing association home, your landlord plays a key role in the process. You must get written permission from your landlord before going ahead with a home swap, also known as a mutual exchange. This applies whether you rent from the local council or a housing association.
Landlords have the legal right to approve or refuse a home swap. This is because your existing tenancy agreement often includes specific clauses about mutual exchanges. Before making a decision, your landlord will check that both you and the person you want to swap with meet certain conditions.
While landlords cannot refuse permission without good reason, there are some common grounds for saying no, including:
Rent arrears: If you owe rent or have a history of late payments, your landlord may refuse the swap until the debt is cleared.
Unsuitable property conditions: If your home is in poor condition or you have caused damage, you may be asked to put things right before a swap is approved.
Overcrowding or under-occupation: If the swap would mean the new tenants would either have too many or too few people for the size of the property, the landlord can refuse.
Legal proceedings: If you are facing eviction or have breached your tenancy in another serious way, this can also be a reason for refusal.
By law, landlords must consider all swap requests fairly and cannot refuse permission without a valid reason. In England, under the Housing Act 1985 (for council tenants) and the Housing Act 1988 (for housing association tenants), landlords are required to:
Assess your request and give a decision within a set timeframe – usually within 42 days (6 weeks).
Provide written reasons if they refuse your request.
If your landlord refuses permission, they must explain their reasons in writing. If you believe the decision is unfair or you haven’t received a response within the required time, you may be able to challenge it or seek further advice.
For more detailed guidance on the legal obligations landlords have to consider swap requests fairly, including what to do if your request is refused, visit Shelter England.
Understanding your landlord’s role and your rights can help you prepare for a successful home swap and avoid common pitfalls. If you’re unsure about your situation, review your tenancy agreement and speak to your landlord or a housing adviser before starting the process.
Rights and Responsibilities During a Home Swap
When you exchange your council or housing association home with another tenant, it’s important to understand both your rights and your responsibilities throughout the process. Knowing what you’re entitled to – and what you must do – can help ensure a smooth and legal home swap.
If your landlord (council or housing association) has given written permission for the swap, you retain many important rights as a secure or assured tenant. This includes:
Protection from eviction: Once the swap is approved and properly completed, you are legally protected from eviction on the same terms as before. Your tenancy continues, just in a different property. For more on your legal protections, see protection from eviction (Tenancy exchanges or mutual exchanges – Shelter England).
Security of tenure: You keep your original tenancy status, which means you usually have the same long-term rights and responsibilities in your new home.
Right to repairs and services: You are still entitled to essential repairs and council or housing association services, just as you were before the swap.
It’s important to note that a home swap is different from subletting, where you rent out all or part of your home to someone else. Swapping your home involves permanently exchanging tenancies with another eligible tenant, and both parties must get their landlord’s approval.
With these rights come certain responsibilities that you must uphold before, during, and after the exchange:
Maintaining the property: You are expected to leave your current home in good condition for the incoming tenant. This includes repairing any damage you caused and ensuring the property is clean and safe.
Paying rent and charges: You must keep up with your rent payments and any other charges (such as service charges) right up until the day you move out. After the swap, you continue to pay rent and charges for your new home.
Providing accurate information: When applying for a swap, you must give honest and complete information to your landlord. Hiding issues like rent arrears or anti-social behaviour can lead to problems or even legal action.
Following the correct process: You must wait for written approval from all landlords involved before moving. Never move before receiving this permission.
Completing a home swap without your landlord’s written approval is a serious breach of your tenancy agreement. The risks include:
Losing your tenancy: Your landlord can take legal action to evict you from the property. You may lose your right to social housing altogether.
No legal protection: If you move without permission, you do not have the usual rights and protections, including those against eviction.
Financial consequences: You could be liable for costs if your landlord has to take legal action or if you cause damage to the property.
Always follow your landlord’s procedures and never move before receiving official written consent. If you’re unsure about any part of the process, ask your landlord or seek advice from a housing charity.
Understanding your rights and responsibilities helps ensure your home swap is legal, safe, and successful.
Financial Considerations and Housing Benefits
Swapping your council or housing association home can have important financial implications, especially if you receive Housing Benefit or Universal Credit. Understanding how a home swap affects your benefits and what costs you may face will help you plan ahead and avoid unexpected issues.
When you exchange your home, your entitlement to Housing Benefit or Universal Credit may change. This is because your benefit payments are calculated based on your rent, the size of your new home, your income, and your personal circumstances.
For example:
If you move to a property with a higher rent, your Housing Benefit or Universal Credit housing costs element might not cover the full amount. You may need to pay the difference yourself.
If your new home has more bedrooms than you need, you could be affected by the “bedroom tax” (under-occupancy charge), which reduces your benefit.
If you move to a different local authority area, your claim may need to be reassessed, and you may have to make a new claim.
It’s important to check the eligibility rules and how a move could impact your payments. For more detailed guidance, visit Housing Benefit or Universal Credit on GOV.UK.
You must tell your local council or the Department for Work and Pensions (DWP) as soon as you agree to a home swap. Failing to do so can lead to overpayments, which you may have to pay back, or even accusations of benefit fraud.
Contact your local authority’s housing benefit team or your Universal Credit work coach.
Provide details of your new address, the date you plan to move, and any changes in your household circumstances.
If you’re moving to a new council area, you may need to submit a new claim for Housing Benefit or update your Universal Credit online account.
Always keep copies of any correspondence and confirmation of your notification.
While swapping homes can save you the cost and hassle of ending your tenancy and finding a new one, there are still some expenses to consider:
Removal Costs: Hiring a van or removal company to move your belongings.
Cleaning and Repairs: You may need to clean or repair your current home before leaving, especially if your landlord requires it for the exchange.
Redecoration: Your new home might need decorating or minor repairs when you move in.
Utility Transfers: There may be fees for transferring or setting up gas, electricity, water, or broadband services.
New Furniture or Appliances: If your new home is unfurnished or has a different layout, you might need to buy new items.
If you’re concerned about affording these costs, you may be eligible for housing assistance or local welfare support schemes, which can provide help with moving costs or essential items.
Budget in advance: Make a list of all potential expenses and start saving early.
Seek advice: Speak to your landlord or a local advice centre for help understanding how the swap will affect your finances and benefits.
Check for grants: Some councils and charities offer grants or loans to help with moving costs, especially for those on low incomes or with disabilities.
By planning ahead and notifying the relevant authorities, you can make your home swap as smooth and stress-free as possible, while protecting your entitlement to financial support.
Alternatives to Home Swaps
If a home swap isn’t the right choice for you, or if you’re unable to find a suitable exchange, there are several other housing options you might consider. Each alternative comes with its own set of rules, tenancy types, and permissions, so it’s important to understand how they differ from swapping a council or housing association home.
House sharing is a popular option, especially for those looking to reduce living costs or find accommodation in high-demand areas. In a house share, you rent a room in a property with other people – sometimes friends, sometimes strangers. Each person usually has their own bedroom but shares communal spaces like the kitchen and bathroom.
House shares are typically arranged through private landlords or letting agents, rather than through the council or a housing association. This means you may be offered an assured shorthold tenancy, which is very different from a secure or assured tenancy you might have with a council or housing association. You’ll need to sign a new tenancy agreement and may have fewer rights to stay in the property long-term.
If you want more flexibility or can’t arrange a swap, you might consider renting a house or renting through a letting agent in the private sector. Renting privately can offer a wider choice of properties and locations, but it usually involves higher costs and less security of tenure.
When renting from a private landlord, you’ll typically be offered an assured shorthold tenancy. This gives you the right to live in the property for a fixed term (often six or twelve months), after which the landlord can ask you to leave with proper notice (usually at least two months under a Section 21 notice, as set out in the Housing Act 1988).
Unlike a home swap, moving into private rented accommodation means ending your council or housing association tenancy. You’ll need to give the correct notice and follow any procedures set by your current landlord to avoid issues such as rent arrears or losing your right to return.
Another alternative is becoming a lodger – renting a room in someone else’s home, where the landlord also lives. Lodging can be a flexible and affordable option, especially if you only need short-term accommodation.
The rules for lodgers and resident landlords are quite different from those for tenants. Lodgers generally have fewer rights and can be asked to leave with relatively short notice, depending on the agreement. You’ll usually have a licence rather than a tenancy, which means you don’t have the same legal protections as a tenant in self-contained accommodation.
The main differences between these alternatives and a home swap are:
Tenancy and Security: Home swaps allow you to keep a secure or assured tenancy, often with similar rights and protections. Alternatives like house sharing or private renting usually involve less secure tenancies.
Landlord Permissions: Swapping homes requires permission from both landlords (your current one and the other tenant’s). For private renting or lodging, you’ll need to pass reference checks and sign a new agreement, but you don’t need your current landlord’s consent to move out – just proper notice.
Legal Protections: Council and housing association tenancies offer stronger legal protections than most private arrangements. Before moving, make sure you understand your rights and any risks involved.
Before making any decisions, it’s a good idea to compare your options carefully and think about what matters most to you – whether it’s stability, affordability, location, or flexibility. If you need more guidance, consider speaking to a local housing adviser or your council’s housing team.
Additional Resources and Support
If you need further help with the home swap process, there are several resources and support services available to guide you every step of the way.
Getting Help Locally
Your local council housing office is often the first place to turn for advice about swapping your home. Housing officers can explain the steps involved in a mutual exchange, check your eligibility, and help you understand the conditions set out in your tenancy agreement. Many councils also offer drop-in sessions or telephone support for tenants considering a swap.
If you’re with a housing association, their tenant services team can provide similar guidance. They can help you complete the necessary paperwork and clarify any rules specific to your landlord.
Finding a Swap Partner Online
There are dedicated mutual exchange websites and online tools designed to help council and housing association tenants find potential swap partners. These platforms allow you to create a profile, list your property, and search for available homes that match your needs. Some of the most widely used services include:
National Home Swap services
House Exchange
HomeSwapper
Before registering, check if your council or housing association is affiliated with any specific platform, as this may give you free access.
Advice on Your Rights and Legal Support
Understanding your rights is crucial during a home swap. The main legal framework governing mutual exchanges is the Housing Act 1985 (for council tenants) and the Housing Act 1988 (for housing association tenants). These laws set out the basic rules for exchanges, including the need for written permission from both landlords and the requirement that tenants must not be in breach of their tenancy agreement.
For independent advice, you can contact organisations such as Citizens Advice or Shelter. These services can help you understand your rights, avoid common pitfalls, and support you if any issues arise during the process.
If you have more complex questions – such as concerns about succession rights, rent arrears, or adaptations for disabilities – seeking legal advice from a solicitor or a specialist housing adviser is recommended.
For more detailed information and practical guidance, explore our home swaps resources, which cover everything from preparing your application to what to expect on moving day.
