Yes — most housing association tenants can swap their home through a mutual exchange, but your rights depend on your tenancy type. If you have an assured tenancy, you have a legal right to apply for an exchange under the Localism Act 2011. Your housing association must respond within 42 days and can only refuse on specific legal grounds.
However, if you have an assured shorthold tenancy or a starter (probationary) tenancy, you may not have an automatic right to exchange. The rules are different depending on your tenancy type, and it is important to understand where you stand before you start looking for a swap.
Check your tenancy agreement first
The single most important thing you can do is check your tenancy agreement. It will tell you what type of tenancy you have and whether there is a clause about mutual exchange. If you are unsure, contact your housing association directly and ask.
Assured tenants: full exchange rights
If you have an assured tenancy with a housing association (sometimes called a registered provider of social housing), you have a legal right to apply for a mutual exchange. This right is established by Section 158 of the Localism Act 2011.
The Localism Act brought housing association tenants broadly in line with secure council tenants. Before 2011, housing association tenants had weaker exchange rights. Now, the protections are very similar:
42-day response deadline
Your housing association must respond to your mutual exchange application within 42 days. If they do not, consent is deemed to have been given.
Refusal only on specified grounds
Your landlord can only refuse on grounds set out in Schedule 14 of the Localism Act 2011. These are similar to the Schedule 3 grounds that apply to council tenants.
Written reasons required
If your housing association refuses, they must give you written reasons and state which specific ground they are relying on.
Conditional consent allowed
Your landlord can give consent subject to conditions — for example, clearing a small rent balance or completing a repair. Conditions must be reasonable.
How do I know if I have an assured tenancy?
Check the top of your tenancy agreement — it should state the tenancy type. Most housing association tenants who signed their agreement before April 2012 will have an assured tenancy. If your tenancy started after that date, it may be an assured shorthold or a fixed-term tenancy. If you are not sure, ring your housing association and ask.
Assured shorthold tenants: limited rights
If you have an assured shorthold tenancy (AST) with a housing association, you do not have an automatic legal right to a mutual exchange. The Localism Act 2011 protections apply to assured tenants, not assured shorthold tenants.
This does not necessarily mean you cannot swap — it means your housing association is not legally required to allow it. Some housing associations will consider exchange requests from AST tenants on a discretionary basis, particularly if:
- • You have been a good tenant with no rent arrears or breaches
- • The swap makes operational sense for the housing association (for example, it resolves an under-occupation issue)
- • You have been in your tenancy for a reasonable period
- • The incoming tenant is suitable for the property
What to do if you have an AST
Contact your housing association and ask about their mutual exchange policy for assured shorthold tenants. Some have published policies that allow it; others will consider requests case by case. It is worth asking — the worst they can say is no.
Starter and probationary tenancies
Many housing associations issue a starter tenancy (also called a probationary or introductory tenancy) for the first 12 to 18 months. During this period, you typically do not have the right to a mutual exchange.
Once the starter period ends and your tenancy converts to a full assured tenancy, your exchange rights kick in. The conversion usually happens automatically if you have met the terms of your tenancy — paying rent on time, looking after the property, and not causing nuisance.
During starter period
- No automatic right to exchange
- Housing association may allow it at discretion
- Some will consider requests after 6+ months
After conversion to assured
- Full legal right to exchange
- 42-day response deadline applies
- Refusal only on specified grounds
The Localism Act 2011: what it means for you
The Localism Act 2011 was a landmark piece of legislation for housing association tenants. Before it came into force, council tenants had strong mutual exchange rights under the Housing Act 1985, but housing association tenants had weaker protections.
Section 158 of the Localism Act changed this by giving assured housing association tenants a right to apply for a mutual exchange, with legal protections similar to those enjoyed by council tenants. Key provisions include:
- • The right to apply: Your housing association must accept and process your application.
- • 42-day deadline: They must respond within 42 days, or consent is deemed given.
- • Schedule 14 grounds: They can only refuse on specific grounds, including rent arrears, possession proceedings, overcrowding, under-occupation, adapted properties, and properties designed for special needs groups.
- • Right to written reasons: If they refuse, they must tell you why in writing.
The grounds for refusal under Schedule 14 of the Localism Act are broadly similar to Schedule 3 of the Housing Act 1985, but there are some differences. For example, housing associations may also consider anti-social behaviour injunctions or demoted tenancy orders as grounds for refusal.
How housing association swaps differ from council swaps
While the legal framework is similar, there are some practical differences between swapping a housing association home and a council home:
Different legislation
Council tenants are covered by the Housing Act 1985. Housing association tenants are covered by the Localism Act 2011. The protections are similar but not identical.
Internal policies vary
Housing associations are independent organisations and each has its own mutual exchange policy. Some are very supportive of swaps; others can be slower or more bureaucratic. Ask for a copy of your landlord's policy.
Property inspections
Most housing associations will inspect both properties before approving a swap. They want to ensure the properties are in reasonable condition. Some councils do the same, but it is more consistently applied by housing associations.
Tenancy type may change
When you swap into a property owned by a different landlord, you will usually be given a new tenancy by that landlord. The type of tenancy you receive may differ from what you currently have. This is an important point to clarify before you commit to a swap.
Cross-tenure swaps: HA to council and vice versa
One of the most common questions we are asked is whether a housing association tenant can swap with a council tenant. The answer is yes — cross-tenure mutual exchanges are fully permitted.
In a cross-tenure swap, each landlord processes their own side of the application independently. The council assesses the swap under the Housing Act 1985, while the housing association assesses it under the Localism Act 2011. Both must give consent within 42 days.
Important: your tenancy type may change
If you swap from a housing association home into a council home, you will become a council tenant (typically with a secure tenancy). If you swap from a council home into a housing association home, you will become a housing association tenant. The tenancy type you receive depends on the new landlord's policies. Always ask what tenancy you will be offered before agreeing to the swap.
Cross-tenure swaps open up a much wider pool of potential swap partners. Instead of being limited to other housing association tenants, you can match with any social housing tenant in the country — council or housing association. This significantly increases your chances of finding a good swap.
What to check in your tenancy agreement
Before you start looking for a swap, dig out your tenancy agreement and check the following:
Tenancy type
Look at the first page or the heading of your agreement. It should state whether you have an assured tenancy, assured shorthold tenancy, starter/probationary tenancy, or fixed-term tenancy. This determines your legal rights.
Mutual exchange clause
Most tenancy agreements have a section specifically about mutual exchange or assignment. This will tell you whether you need written consent from your landlord (you almost certainly do) and any conditions that apply.
Any restrictions
Some agreements include restrictions — for example, that you must have been a tenant for a minimum period, or that you must not have any outstanding repairs obligations. Note these so you can address them before applying.
Notice requirements
Check whether your agreement specifies how to apply for an exchange. Some require a specific form; others accept a letter. Find out what your landlord expects so your application is processed smoothly.
Grounds your housing association can refuse on
Under Schedule 14 of the Localism Act 2011, your housing association can only refuse a mutual exchange on the following grounds:
- • A possession order is in force, or proceedings have been started, against any tenant involved
- • Rent arrears or other tenancy breach by any tenant involved
- • The property would be substantially too large for the incoming tenant (under-occupation)
- • The swap would cause statutory overcrowding
- • The property has been adapted for a disabled person and the incoming tenant does not need the adaptations
- • The property is designed for or near facilities for people with special needs (such as elderly persons), and the incoming tenant does not meet those criteria
- • The property is tied to specific employment
- • A demoted tenancy order or anti-social behaviour injunction is in force against any tenant involved
If your housing association gives a reason that is not on this list, the refusal may not be lawful. Get advice from Shelter or Citizens Advice if you believe your swap has been refused unfairly.
Frequently Asked Questions
Not all. Assured tenants have a legal right to apply for a mutual exchange under the Localism Act 2011. Assured shorthold tenants and those on starter or probationary tenancies do not have an automatic right, though some housing associations will allow it at their discretion. Check your tenancy type and ask your landlord.
Yes. Cross-tenure mutual exchanges between housing association and council tenants are fully allowed. Both landlords must give consent independently. Be aware that your tenancy type may change — you will receive a new tenancy from the new landlord.
Once you find a swap partner and both apply, your landlords have 42 days to respond. After consent is given, you agree a move date — most swaps complete within a few weeks. From start to finish, expect around 6 to 12 weeks.
They can only refuse on specific grounds set out in Schedule 14 of the Localism Act 2011. Common grounds include rent arrears, possession proceedings, overcrowding, and under-occupation. They cannot refuse just because they do not like the idea of a swap.
When you move into a property owned by a different landlord, you surrender your old tenancy and are granted a new tenancy by the new landlord. The type of tenancy you receive depends on the new landlord's policies. It is important to ask what tenancy you will be offered before agreeing to a swap, as it may differ from what you currently have.
Probably not during the probationary period, which is usually 12 to 18 months. Once your tenancy converts to a full assured tenancy, your exchange rights kick in. Some housing associations will consider exchange requests from starter tenants on a discretionary basis — ask your landlord.
Your housing association cannot charge you a fee for processing a mutual exchange application. Listing your home on MutualExchange is free. The only costs are practical moving expenses such as removal vans and redirecting post.
They have a legal deadline of 42 days. If they do not respond within that period, consent is deemed to have been given. Keep a record of when you submitted your application and follow up in writing if the deadline is approaching. If they refuse to engage, seek advice from Shelter.
Useful resources
- GOV.UK — Apply to swap your council or housing association home
- Shelter England — free housing advice and legal support
- Localism Act 2011, Section 158 — the legislation that gives assured HA tenants exchange rights
- Citizens Advice — free, independent advice on housing rights
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