42 Day Mutual Exchange deadline...
09/10/2012 8:01 pm
Im currently going through a mutual exchange with a birmingham housing assiciation! Its a 2-way exchange and we are both in the same housing.
Im sorry but this is a bit long winded and im finding it all extreamly stressful!
Here goes.... We both handed in our first exchange forms on 20.7.12, 2 weeks later a called the housing and they told me they had only recieved the other parties forms and misplaced mine which was strange as they were both handed into the office in the same envalope.
As the other party had still got his ex-partner on the tenancy this had to be removed before they sent out new forms, they finally reached us both and handed back into the office on 31.8.12.
We have come across a few hickups since then as the other party was in arrears which was payed approx 23.9.12.
The housing are telling me the 42 days will start from when the arrears were payed off and not when the 2nd application was recieved! Is this right??? I thought the whole reason for having a 42 day deadline was to get everything cleared within them 42 days!
To this day we havnt had our inspections or gas checks.
Any information would be appretiated on this, and thankyou in advance :)
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09/10/2012 9:12 pm
Would you prefere your request to be turned down and have to start the process all over again? The fact one party to the exchange isn't in a position to meet the criteria is not the fault of the Housing Asscoaition. Your efforts would be better placed using all those !!!!!!!! In the direction of your exchange partner.
10/10/2012 8:18 am
there are posters on here who will tell you 42 days isnt anywhere near long enough to be sure you really want this exchange and live at the new property. is it in the right place ?? does it have any anti social trees or whatever. if you were buying you would think 42 days was no time at all.
relax and look forward to your new home knowing you have plenty of time to plan your move. your exchange partner doesnt seem to have been in any great hurry
10/10/2012 2:29 pm
Your landlord is entitled to start the 42 days from when they accept your application for a Mutual Exchange, i.e. rent arrears cleared etc.
I'm suprised they managed to resolve the issue with the joint tenancy so quickly to be honest, as they can get very long winded, so it could've taken a lot longer, to be fair.
The 42 days is for the necessary inspections, references where applicable, electric and gas safety checks etc to be carried out, rather than clearing arrears, resolving tenancy issues etc.
11/10/2012 3:13 pm
The landlord has 42 days from the date of the tenant's application to refuse the application on one of the grounds given in Schedule 3 (s92 H Act 1985) otherwise consent is given. The date of the application is the date it is made, not the date it is accepted - there is no provision for the landlord to suspend the commencement date to allow any criteria to be met.
To be fair, if the first application wasn't received then there is no application for the 2nd party to consider unless you have a receipt for the form and they agree to backdate through their lack of care of the original application.
Their insistence on resolving the joint tenancy issue is understandable as both tenants would be required to sign the deed of assignment. However, if both forms were lodged (with proof) and the 42 days have been exceeded then you can assume you have permission.
The remedy for assigning without consent is simply a breach of tenancy. I won't go into the intricacies of how an assignment can take place without consent and be 'lawful', but normally landlords will try and force you to move back to your respective properties.
HAs that are weak on legal knowledge will on occasion mishandle these types of applications.