In addition if the tenant is in arrears or has breached a term of the tenancy, the landlord may give consent on the condition that the arrears are paid or the breach is remedied before the assignment can take place. If the landlord fails to respond see 'notice of refusal to consent' below. If consent is withheld for any other reason or on grounds not as specified above, consent is treated as given and the assignment can go ahead. The property is managed by a PRPSH under a particular type of management agreement, where at least half the members of the PRPSH are tenants, at least half the tenants are members and the assignee refuses to become a memberĬonsent can be refused where the landlord is:Ī charity and the proposed assignee's occupation conflicts with the objects of the charityĪ housing association/PRPSH or trust providing accommodation for people with special needs and the exchange would result in such people no longer living there One of a group let to people with special needs, special facilities are available nearby and the exchange would result in the people with the special needs no longer living there ![]() Not reasonably suitable for the needs of the proposed assignee and their familyĪdapted for a person with disabilities and the exchange would result in such a person no longer living there Substantially more extensive than is required by the proposed assignee Proceedings or a notice of proceedings for possession have been served on the tenant or the proposed assignee under the mandatory ground for possession for antisocial behaviour Ī relevant order (certain anti-social behaviour orders or injunctions) or suspended ground 2, 2ZA, 14 or 14ZA possession order is in force Īn application is pending before any court for a relevant order, a demotion orderĪ ground 2, 2ZA, 14 or 14ZA possession order to be made in respect of the tenant or the proposed assignee or a person who is residing with either of them Ĭonsent can be refused where the accommodation is: Proceedings or a notice of proceedings for possession have been served on the tenant or the proposed assignee under the grounds 1 to 6 of the discretionary grounds for possession The landlord can only refuse consent on one or more of the grounds set out in Schedule 3 to the Housing Act 1985:Ī court order to give up possession has been granted against the tenant or the proposed assignee If a secure tenant exchanges with an assured tenant, the former will become an assured tenant and the latter will become a secure tenant. Exchanges can take place between more than two tenants as long as they all have their respective landlords' consent. However, when a flexible tenant wants to exchange with a secure or assured PRPSH tenant, a different procedure for the mutual exchange applies.Ī mutual exchange may only take place with written consent from the landlord. Īs a flexible tenancy is a form of secure tenancy, a flexible tenant can exchange by way of assignment with another flexible tenant. ![]() Mutual exchanges take effect where both parties have assigned their respective secure tenancies or with certain assured tenants of private registered providers of social housing (PRPSHs).
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