Mutual Exchange: Am I eligible?

Many Clarion social housing tenants may be eligible to apply for a mutual exchange. The person you're exchanging with will also have to be an eligible social housing tenant, either at Clarion or another registered non-profit social housing provider or a local authority tenant.

Intermediate rent e.g. rent to home buy

For intermediate rent properties, once satisfactory credit checks and references are obtained and a 4-week deposit has been paid, we will offer an Assured Short Hold Tenancy (AST) for up to two years. This is unless any pre-existing contractual agreements require anything different, for example conditions of grant funding. If so, this will take precedence.

Where the housing type is intended to help residents to move on to other options, such as shared or home ownership, we will usually expect the tenant to purchase a property or move homes.

Key worker accommodation

For those who qualify for key worker accommodation, we will usually offer a periodic Assured Short Hold Tenancy (AST). This is unless the contract or nomination agreement with the NHS says otherwise. A deposit of 4 weeks' rent is needed.

Properties subject to regeneration plans

When a housing scheme has regeneration plans, we will use a periodic Assured Short Hold Tenancy for up to two years. The use of shorter tenancies for these schemes will need to be approved by the Regional Director.

Properties used for temporarily decanting tenants

Occasionally residents need to move into temporary accommodation because of a problem that needs repairing at their home. This is normally because of an event, such as a fire, flood, or major unplanned repair. This move is often referred to as a “decant”.

The tenant will retain their main tenancy and rent will be charged at their principal address.

Rent4Less

For Rent4Less properties, once satisfactory credit checks and references are obtained and a 4-week deposit has been paid, we will offer a 6-year fixed term tenancy with a probationary year.

Shared owners and leaseholders

Shared Owners: These are individuals who own a share of a property, typically in a housing association scheme. They pay rent on the portion they don't own and have the option to increase their ownership over time.

Leaseholders: These are individuals who own the right to occupy a property for a fixed period as stipulated in a lease agreement. They have certain responsibilities outlined in the lease, such as paying ground rent and service charges.

Rent2Buy

This is a scheme where individuals rent a property with the option to purchase it later. It allows tenants to live in the property while saving for a deposit or improving their creditworthiness, to eventually buy the property.

Supported housing

For supported accommodation, where the tenant has support needs and the house will only be used for a limited period, we will use an Assured Short Hold Tenancy or a license where it is stated as ‘short term specialist supported accommodation.

Temporary accommodation for homeless households

If a person is undergoing a homelessness application under the Housing Act 1996, they may be temporarily referred to us by a local authority.

Depending on the outcome of the enquiry, this temporary housing may be turned into a periodic Assured Short Hold Tenancy (AST) at 12 months after the tenancy start date, or at the date the duty is determined.

Assured (non shorthold) tenants

Assured (non shorthold) tenants have no statutory right to exchange. However, they usually have the right to assign by way of exchange, as a contractual right in their tenancy agreement.

Assured tenants in furnished properties have the same rights, but the incoming tenant must take on the furniture and related charges. The departing tenant leaves the furniture behind as it is tied in with the tenancy that they are assigning.

Fixed term tenants

Fixed term tenants in a property with a social rent, who are exchanging with a ‘lifetime tenant’ protected under s158 of the Localism Act have the right to exchange (see section 3.3).

For other fixed term tenants, including those in properties with an affordable rent, it will depend on whether the tenancy agreement gives a contractual right to mutual exchange.

If this is the case, we will consider applications to exchange from customers in general needs and retirement housing with fixed term tenancies.

Protected assured tenants

This is an approved document and must not be amended, saved locally, or shared without the permission of the owner.

Protected assured tenants have the right to assign their tenancy by way of exchange as outlined in their tenancy agreement and the transfer agreement.

Secure tenants

Secure tenants can assign their tenancy by way of exchange under Section 92 of the Housing Act 1985.

Assured short hold tenancy (AST)

These are offered as monthly tenancies that do not have a fixed term but are ‘periodic’. That means they run month to month until they are ended.

A fixed-term tenancy that has been ended by a valid break notice, or at the end of the fixed term if another tenancy is not issued, will by law become an assured short hold tenancy.

Licence or excluded licence

This is an agreement to allow somebody to live in a property, without exclusive possession, but which is self-contained (the licensee has use of their own bathroom and cooking facilities).

An excluded licence is where the licensee shares facilities, for example in a hostel or for non-residential properties such as a garage.

Non–assured tenancy

These are tenancies provided under an arrangement with a local authority in respect to the discharge of the local Authority's interim duties to persons applying to it as homeless as per s209 of the Housing Act 1996.

Periodic assured tenancy

These are usually monthly tenancies often referred to as ‘lifetime’ tenancies. Some existing tenants who transferred from a local authority under a large-scale voluntary transfer arrangement (LSVT) have an assured tenancy with preserved rights (sometimes referred to as protected assured), which gives similar rights to their former secure tenancy.

Starter tenancy

These are a form of assured short hold tenancy that Clarion will use for an initial 12 month period. They can be extended up to 18 months where there have been breaches of tenancy.

Temporary tenancy

These are short-term contractual agreements that do not provide any security of tenure but allow occupation for a specific purpose.