What is a council home mutual exchange?

A mutual exchange is when two social housing tenants swap homes. Both keep their secure or assured tenancy rights at the new property. It's the only way to move home without losing your council or housing association tenancy. The legal right comes from Section 92 of the Housing Act 1985 for secure council tenants, plus equivalent rules for housing association tenants.

HomeSwapper is the largest UK mutual exchange service. Around 90 percent of social landlords subscribe, which means around 250,000 properties are listed at any time. If your landlord subscribes you can use it free; if not you can subscribe yourself for around £29.99 per year. You list your property, search for matches, and arrange swaps directly.

Can my council refuse a mutual exchange?

Yes, but only on specific grounds set out in Schedule 3 of the Housing Act 1985. Examples: you or the other tenant are subject to a possession order, the property would be substantially over- or under-occupied, the property is adapted for a person with a disability and the incoming tenant doesn't need those adaptations, or the landlord has plans for the property. The council must respond in writing within 42 days. If they don't respond, the exchange can proceed by default.

How do I find someone to swap with?

Main UK options: HomeSwapper (largest, around 250,000 listings) at homeswapper.co.uk, House Exchange (an alternative national service) at houseexchange.org.uk, and your local council or housing association's own mutual exchange list. You can also try local Facebook groups for council swaps in your area. Always meet at the property and verify the other person is a real social tenant before applying jointly.

← Home Council home swap

Swap your council home — without losing your tenancy.

If you feel unsafe, your area has changed, or you just need to move — mutual exchange lets two social tenants swap homes and keep their secure tenancy. Your legal right under Section 92 of the Housing Act 1985. Sorted explains the process, the services, your rights and the safety checks that protect you.

~250kProperties on HomeSwapper at any time

90%UK social landlords subscribed to HomeSwapper

42 daysCouncil's deadline to respond to exchange

Section 92Housing Act 1985 — your legal right

1. What is mutual exchange?

Two social tenants agree to swap homes. Both keep their existing tenancy type and rights. It's the only way to move home in social housing without losing your secure or assured tenancy.

Housing Act 1985 · Section 92

Your right to swap

Section 92 of the Housing Act 1985 gives secure council tenants the legal right to assign their tenancy to another secure tenant by way of exchange. Housing association assured tenants have similar rights under the Housing Act 1988 plus the standard tenancy agreement.

Both tenants keep their existing rights — Right to Buy / Right to Acquire, rent levels, succession rights, etc.
You can swap with anyone in England, Scotland, Wales or Northern Ireland — cross-border swaps are allowed if both landlords approve.
You can swap into a smaller or larger property — though the council can refuse if the swap would cause substantial over- or under-occupation.
You don't have to swap "like for like" — a 3-bed for a 2-bed is fine, a flat for a house is fine, council for housing association is fine.

Why exchange is powerful: the council waiting list can be 5+ years in many areas. Exchange can happen in 6–12 weeks. And you don't lose any of your existing rights.

2. Where to find a swap

Largest UK service

HomeSwapper

Around 90% of UK social landlords (councils and housing associations) subscribe to HomeSwapper, which means around 250,000 live property listings at any time. It's the main service most tenants use.

Free if your landlord subscribes (check by entering your postcode on the site).
£29.99/year personal subscription if your landlord doesn't subscribe.
You list your property with photos, search by area + size + property type, and contact other tenants directly through the site.
Match alerts when a property in your preferred area + size becomes available.

Visit homeswapper.co.uk. Check if your landlord subscribes before paying. The official process and permission rules are on GOV.UK — apply to swap homes.

Alternative national services

House Exchange — alternative UK service, used by some councils. houseexchange.org.uk
Exchange Locata — used by some London boroughs. locata.org.uk
Your council or housing association website — many run their own mutual exchange lists. Ask your housing officer.

Local Facebook groups + community boards

Search "[your area] council swap" or "[your area] mutual exchange" on Facebook — most areas have active groups. These are informal but can find local matches that national sites miss.

Safety on social media: never share your full home address publicly. Use the council's exchange process and HomeSwapper messaging to communicate until you've verified the other person is genuine.

3. Your legal rights — when council can and can't refuse

Council can only refuse a mutual exchange on the grounds set out in Schedule 3 of the Housing Act 1985. They cannot refuse just because they don't like the swap.

Grounds your council CAN use to refuse

Either tenant is subject to a possession order (e.g. for rent arrears, antisocial behaviour).
Either tenant has been served notice seeking possession.
The property is being moved into is substantially larger than the incoming tenant needs (under-occupation).
The property is too small for the incoming household (over-occupation / overcrowding).
The property is adapted for someone with a physical disability and the incoming tenant doesn't have that disability.
The property is for elderly tenants or those with special needs and incoming tenant doesn't qualify.
The landlord is a charity and the exchange would conflict with the charity's objects.
The landlord plans to demolish or substantially renovate the property.

If refused, ask for the specific Schedule 3 ground in writing. Vague refusals are not legally valid. Citizens Advice can help you challenge an unreasonable refusal.

The 42-day rule

Once you apply for mutual exchange, the council has 42 days to give a decision in writing. If they don't respond within 42 days, the exchange can proceed automatically — you don't need their consent.

The exchange application must be in writing. Use the form your council provides, or write a letter signed by both tenants.

Free help with disputes

Citizens Advice — free housing advice. 0800 144 8848
Shelter — UK housing charity, free advice and legal help. 0808 800 4444 · shelter.org.uk
Housing Ombudsman — if your council/housing association isn't following the rules. housing-ombudsman.org.uk
Your local Law Centre — free legal representation for housing cases. Find yours at lawcentres.org.uk

4. Safety when meeting swappers

Many tenants want to swap because they no longer feel safe in their area. Don't replace one unsafe situation with another — check the new property and area carefully before agreeing.

Before agreeing to swap

Visit the property and area multiple times — daytime, evening, weekend. Walk the streets you'd use daily.
Speak to neighbours — ask honestly about the area, noise, antisocial behaviour, parking, what's good and what's not.
Check local crime stats at police.uk — type the postcode for street-level monthly crime data going back years.
Inspect the property condition fully — damp, heating, windows, kitchen, bathroom. The council won't fix problems just because you swapped in.
Ask the current tenant honestly why they're leaving. Most are upfront. Be cautious of vague answers.
Check Council Tax band at gov.uk/council-tax-bands — your bill changes based on the new band.
Check the EPC rating — energy bills can vary by hundreds of pounds based on insulation.
Check school catchment if you have children — at gov.uk/find-school-in-england.

Don't rush. Once you sign the exchange and move, you can't undo it. You'd be back on the waiting list for any future move. Take time to verify properly.

Red flags — when to walk away

The other tenant refuses to let you visit the property properly or rushes you to sign.
They won't put you in touch with their landlord or housing officer.
They're asking for cash payments to swap (this is illegal — never pay or accept money for a mutual exchange, it can invalidate both tenancies).
The property has obvious unreported damage they're trying to hide.
Their tenancy is at risk (possession order, notice seeking possession).

Cash for swap is illegal. Section 35 of the Housing Act 1985 makes it an offence for either party to pay or receive money in exchange for the swap, with criminal penalties. Both landlords must approve the exchange in writing without any payment changing hands.

5. Step-by-step swap process

Register on HomeSwapper or your council list

Free if your landlord subscribes. Upload good photos of every room. Be honest about size, condition, area. Match alerts will start coming through.

Search and shortlist

Filter by area, bedrooms, property type. Save listings that match. Don't message in panic mode — keep a shortlist of 3–5 and compare carefully.

Visit + verify

Visit the property at least twice (daytime + evening). Walk the streets. Talk to neighbours. Check the property condition fully. Ask the tenant honestly why they're moving.

Agree and apply jointly

Once both parties agree, both apply for permission from their respective landlords in writing. Use your council's mutual exchange form, or write a joint letter. Include both tenants' names, current addresses, and the proposed swap addresses.

Wait for decision (42 days max)

Each council has 42 days from receipt to respond in writing. If they refuse, they must cite a specific Schedule 3 ground. If they don't respond at all in 42 days, exchange can proceed by default.

Sign Deed of Assignment + move

If approved, both councils prepare a Deed of Assignment for both parties to sign. Agree a move date — usually both tenants move on the same day or within a few days. Take meter readings. Update council tax + utilities + GP + schools + benefits + post.

Tell Us Once equivalent updates

After the swap: update DWP / HMRC / Council Tax / electoral register / Royal Mail (paid redirect 6–12 months) / GP / dentist / school / employer / banks / insurance. Most can be updated online via GOV.UK or directly.

6. If exchange isn't possible right now

Other UK routes to move council home

Transfer list with your council — for tenants who need to move for specific reasons (overcrowding, medical, antisocial behaviour, fleeing domestic abuse). Free, but waits can be long.
Right to Move — extra priority on council waiting lists if you need to move for work. Apply via your council.
Sanctuary scheme — if you're at risk of domestic abuse, councils can fund additional security so you can stay in your current home safely. Contact your council's housing options team or Women's Aid 0808 2000 247 (24-hour helpline).
Homeless Reduction Act 2017 — if you're at risk of homelessness due to fleeing violence or being threatened, councils have a duty to help. Approach the council housing options team.

If you're at immediate risk: Refuge 24-hour National Domestic Abuse Helpline 0808 2000 247 · Shelter emergency line 0808 800 4444 · or 999 in an emergency.

Honest note about this guide + why SortedUK doesn't run an exchange platform yet SortedUK is not a council, housing association or housing solicitor. Information above is sourced to the Housing Act 1985 (Section 92 + Schedule 3), Housing Act 1988, Pet Abduction Act 2024, HomeSwapper public information, Citizens Advice, Shelter and Housing Ombudsman guidance — verified at time of publication. Why we don't run our own swap platform: a swap service requires user accounts to verify tenant identity, persistent property listings, and storage of personal data — which requires ICO Tier 1 data controller registration and Companies House registration. Until those foundations are in place, we route you to the established UK services (HomeSwapper, House Exchange, your council list) that already do this correctly. For free regulated UK advice on housing: Citizens Advice 0800 144 8848 · Shelter 0808 800 4444.

Other ways Sorted can help while you swap

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