Can Stafford and Rural Homes reject a Mutual Exchange?
SARH can refuse consent for a mutual exchange but only on specified grounds. The grounds for refusing consent are fully set out below. If you are not allowed to go ahead with the exchange, SARH will write to you to explain the reasons for refusing consent. What are the grounds for refusing Mutual Exchange consent? Stafford and Rural Homes may refuse consent for a mutual exchange on one of the following grounds as set out in Schedule 3 of the Housing Act 1985: 1. The tenant or the proposed assignee is subject to a possession order or a suspended possession order. 2. A notice of seeking possession is in force against the tenant or the proposed assignee under Grounds 1-6 of Schedule 2 of the Housing Act 1985 or possession proceedings have begun against either party. 3. The accommodation is substantially larger than is reasonably required by the proposed assignee. 4. The extent of the accommodation is not reasonably suitable for the needs of the assignee and family. 5. The accommodation is let to the tenant by reason of employment, or is mainly related to non-housing purposes. 6. The landlord is a charity and the proposed assignee’s occupation would conflict with the objectives of the charity. 7. The property is designed to make it suitable for a physically disabled person and if the exchange took place, no such person would be living in the property. 8. The landlord is a housing association or housing trust which provides accommodation only for persons whose circumstances make it especially difficult for them to satisfy their housing needs and if the exchange took place there would be no such person living in the property. 9. The property is one of a group of dwellings let to persons with special needs, and if the exchange took place there would be no such person living in the dwelling. 10. The property is the subject of a special type of management agreement. If Stafford and Rural Homes wishes to refuse consent for the mutual exchange on any of these grounds, you will receive a letter specifying the ground and the reasons for it.
If you disagree with the grounds of refusal, you must seek a review of the decision which will be passed to a senior manager to undertake.