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Ash
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Tenants of local authority homes are allowed to direct or

Resolved Question:

Tenants of local authority homes are allowed to direct or mutual exchange with another local authority or housing association tenant, but the landlord can prevent exchanges in certain circumstances. If a home will be under-occupied, can the landlord prevent the exchange?
Submitted: 8 months ago.
Category: Law
Expert:  Nicola-mod replied 7 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you.

Does the Authority or Association have a policy document on such matters?
Alex

Customer: replied 7 months ago.
I am not aware of any policy document, if one exists it is kept 'under wraps'.
Am I right in assuming that under-occupation of a property can be cited as the reason for refusal of a direct exchange proposal? In essence, is this something that a local authority can have its own policy on, rather than legislation determining this? I believe the relevant Act (Housing Act 1985?) states some reasons that a landlord can utilise to refuse an exchange, including rent arrears or anti-social behaviour, but I need clarity if under-occupation can be used as a valid reason for refusal.
Expert:  Ash replied 7 months ago.

Ok - you need to ask for a copy of any policy document. Under occupation can be a ground because you could be a single person wanting to exchange to a 5 bedroom house

Can I clarify anything for you about this today please?
Alex

Customer: replied 7 months ago.
Thanks.Is there a legal duty to publish the policy document? A thorough review of the landlord's web-site makes no reference to the policy, it only notes the common reasons for refusal - arrears and ASB. What is the procedure if there is no policy document, would this be in breach of legislation as well as good practice?
Expert:  Ash replied 7 months ago.

Yes, it is exists it should be published. If no good reason you can seek a High Court Judicial Review. Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 7 months ago.
It does, thanks.
Expert:  Ash replied 7 months ago.

Thanks. Good luck

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