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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Tenants of local authority homes are allowed to direct or

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

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.

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?

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?

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
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Customer: replied 1 year ago.
It does, thanks.

Thanks. Good luck