Agenda item

Yvonne Fox, Assistant Director of Housing:

a.    presented Housing Scrutiny Sub Committee with a copy of the Council’s Mutual Exchange Policy and Procedures

b.    advised that the policy had been amended during the COVID pandemic in line with the Governments directive not to allow any non-essential moves during lockdowns or at other times when the movement of people should be avoided

c.    highlighted that the only discretion in respect of changes to the Mutual Exchange Policy related to repairs as the scheme was governed by statute

d.    reported that a meeting had taken place with members of LTP to advise on the legal position in relation to mutual exchanges, after which LTP Members agreed to look at the repair’s procedure relating to mutual exchanges

e.    highlighted that any proposed changes would need to be costed and their impact on the HRA considered before changes in policy could be recommended

f.     welcomed a further report from LTP members with any recommendations for areas of review.

Members discussed the content of the report in further detail.

Mick Barber, Chair of LTP summarised the following main points:

·         A working group had been set up made up of officers and Members to review and make suggestions regarding tweaks to the Mutual Exchange Policy.

·         The issues surrounded tenants undergoing mutual house exchanges and making requests for additional work to the new property.

·         An annual Mutual Exchange Conference held annually in the City had encouraged a good response from tenants wishing to exchange.

Councillor Reid asked whether COVID measures to restrict the movement of tenants were still in place?

Yvonne Fox explained that when the country first went into lockdown non- essential moves were not allowed. These restrictions were no longer in place; however, the housing authority was still cautious in line with the amended policy.

Councillor Reid queried the legality of text within paragraph 2.2 and 3 of the amended policy to allow the Assistant Director of Housing/Tenancy Services Manager to defer any requests where the move was not ‘essential’; wording he felt needed clarification.

Daren Turner, Director of Housing clarified that the Government had made it clear that essential meant ‘high medical need’. This was not defined in law, but in terms of reasonableness/not to be detrimental to the health of the person in the household. Legal advice had been taken.

Councillor Vaughan, Chair, asked how many Mutual Exchanges had been deferred?

Yvonne Fox explained that the policy had been amended to reflect restrictions during the first and second COVID lockdowns. Tenants had cooperated with the housing service during this period and had been happy to wait.

Mick Barber, Chair of LTP highlighted that there was an agreed timescale for deferred mutual exchanges which could be appealed against if a specific request was prolonged further.

Councillor Strengiel referred to the ten grounds for refusal of a mutual exchange at paragraph 5.2 of the policy. He asked whether circumstances where one of the houses was in perfect condition but the other in need of refurbishment would be grounds for refusal?

Yvonne Fox clarified there was no legal ground to refuse an exchange if both tenants were in agreement.

Matt Hillman, Assistant Director of Housing, and Investment suggested that further guidance be set down to manage expectations/responsibility of the tenant accepting a mutual exchange to agree with the tenant leaving the property any specified repair work required which should be recharged back to the new tenant. This would allow a consistent process to be followed similar to voids

Mick Barber highlighted that the working group was looking into the time limit for non-essential repairs following mutual exchanges.

Daren Turner advised that the majority of mutual exchanges went very smoothly, although he had seen instances of a signed document for the property to be ‘taken as seen’ with no repairs within 12 months, followed shortly after by requests for repairs to the same property.

RESOLVED that:

1.    Legal advice be sought on the relevance/suitability of the wording within paragraphs 2.2 and 3 of the amended Mutual Exchange Policy.

2.    A further report be awaited from LTP on potential areas for review of the Mutual Exchange Policy.

3.    The current Mutual Exchange Policy be noted.