How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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.
Thank you!
Nicola
Expert:  Ash replied 1 year ago.

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

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

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
It does, thanks.
Expert:  Ash replied 1 year ago.

Thanks. Good luck