Succession WITH Mutual Exchange

Hello.

I have lived with my mother in a three bedroom house for 15 years. She sadly passed away on the 30th of June. I have since applied and qualified for succession of her Protected Assured tenancy - which had Right to Buy.

I have no desire to stay at the property, as it's full of memories, and it is too far away from the train station anyway.

I was given all sorts of bad advice and services from the local housing association (they even addressed one of their letters regarding my mother's death to my mother), who have actually reviewed their practices and policies, based on my complaints, and have offered me £150 compensation as "Final and full settlement of my official complaint", should I choose to accept it - I shall not.

Part of the bad advice was to seek alternative accommodation, via mutual exchange.

After days of searching, I found a perfect property for me to exchange with. It's a first-floor flat, right in the middle of my town centre. The current occupiers of the flat are a young four-person family (mother, father, and two young children) - my current three bedroom house would be perfect for them.

We both filled in the relevant exchange forms for our respective housing associations, and all seemed good.

The families' housing association was happy with the arrangement, but my housing association informed me the exchange couldn't go ahead. Puzzled, I asked why, and was told the only person who could initiate the exchange was my dead mother, as she is still the tenant.

I have asked the situation to be reviewed on several occasions, but they still say the same thing. All legal technicalities aside, this is absolutely ridiculous.

I even asked if I could be temporarily named as the tenant, so I could initiate the exchange, but was told it was illegal. I asked for proof of this, and they sent me their own T&Cs - and that only states "In cases where the eligible successor is living in a home that is larger than they reasonably need […] we MAY [emphasis added] require them to move to a more suitable property". This gives me the indication that it can be a case-by-case decision.

So as it stands, I have succeeded a Protected Assured tenancy; my dead mother is still the tenant of the property; and I'm left floating in limbo as I have a tenancy, but not to a physical property.

My housing association has offered to find me appropriate property, but from the 30th of June till now (2 months), I haven't been offered one property. I do find this concerning, as they can evict me after 3 months.

It's an incredibly frustrating situation to be in, as the mutual exchange would be perfect for all parties involved.

So my question is this: Do I have any legal power to make this mutual exchange go ahead?

Many thanks.

On the assumption that your

On the assumption that your mother had a secure periodic tenancy and you do have a right of succession then clearly you are the tenant.

I assume also that the HA falls within the definition of landlord as is required by section 80 of the Housing Act 1985

 

 

 

You should refer the HA to section 89 Housing Act 1985.

If that is all that holding up the exchange then this will cut away their argument.

I did not understand the reference to eviction after 3 months.

At this stage you should go back to the HA and ask them to process the exchange.

Section 92 of the Housing Act 1985 gives you the right to exchange under the circumstances therein mentioned.

 

 

.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

Periodic Tenancy

Thank you very much for your reply.

I'm not sure what a Periodic Tenancy is. All I know is, my mother had a Protected Assured Tenancy at the time of her death, and I have succeeded that tenancy.

I have made contact on your website, asking if you would like to take the case, but I haven't received a reply as of yet.

Would you be interested in writing a letter on my behalf? I am not expecting a free service, so charge as normal.

Many thanks.

A periodic tenancy is one

A periodic tenancy is one with no fixed term.

If you simply have a tenancy from week to week or month to month then that is a periodic tenancy.

I will look out for the contact on the website and come back to you.

 

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

Hi Mr Matt, I think that Ian

Hi Mr Matt,

I think that Ian is correct, you are now the tenant of the property.

I have received your enquiry submitted via the Sarginsons Law website and I have sent you a response.

 

 

I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.

Telephone 02476 553181

User login

Navigation

Twitter / Facebook

twitter link facebook link

Download Legal Documents and Forms

netlawman link