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Know your rights. Landlords can only refuse a mutual exchange on specific legal grounds — find out if any apply to you.
If you're a secure tenant of a council or housing association, you have a legal right to apply for a mutual exchange. However, your landlord is allowed to refuse — but only on the grounds set out in Schedule 3 of the Housing Act 1985. They cannot refuse for any other reason.
This means landlords cannot refuse simply because they don't want to process the paperwork, or because they have a personal reason. If they refuse, they must give you the specific legal ground in writing within 42 days of receiving your application.
Use the checker below to see whether any of the legal grounds for refusal might apply to your situation — and what you can do about it.
Full legal grounds for refusal
What to do if you face a refusal
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Answer 7 questions about your tenancy. We'll tell you whether your landlord is likely to approve, may face issues, or is likely to refuse.
Under Housing Act 1985 Schedule 3, there are specific grounds on which a landlord may refuse consent. Here is what each one means in plain English:
If the landlord has obtained a court order for possession of your property, or has served a notice seeking possession on certain grounds, they can refuse the exchange.
If the landlord has started legal proceedings to evict you (on certain grounds), an exchange can be refused.
If the incoming tenant would significantly under-occupy the property (too many spare bedrooms), the landlord can refuse. Use our bedroom calculator to check.
If the swap would result in overcrowding (too many people for the property's bedroom count), it can be refused.
If your tenancy is a "service tenancy" — meaning the property is tied to your employment — your landlord may refuse the exchange as the property is needed for another employee.
If your property has been specially adapted for a person with a disability (e.g. wheelchair access, wet room), and the incoming tenant doesn't require those adaptations, it may be refused.
If the property is part of sheltered housing provision (e.g. accommodation with a warden for elderly residents), and the incoming tenant doesn't need that support, the exchange may be refused.
In limited cases, if the property is exceptionally large relative to what the incoming tenant needs, a refusal may be permitted.
If your landlord refuses your mutual exchange application, you have rights. Here is what to do:
Your landlord must give you the specific legal ground in writing. If they haven't, ask for this formally by letter or email.
Compare the stated reason against the legal grounds in Schedule 3 of the Housing Act 1985. If the reason doesn't match a valid ground, the refusal may be unlawful.
Most councils and housing associations have a formal complaints procedure. Use it to challenge the decision in writing.
Citizens Advice and Shelter both offer free housing advice. If the refusal is unlawful, they can help you challenge it. You may also be able to apply to a county court.
If your landlord is a housing association, you can escalate a complaint to the Housing Ombudsman. For council tenants, you can contact the Local Government Ombudsman.
Have a question about the swap process? Visit our Help Centre for answers to the most common questions.
List your home for free and start finding your perfect swap partner today.
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