Can my landlord refuse a mutual exchange? The grounds explained
Your landlord can't just say no. Refusals have to be based on specific legal grounds — here's what they are and what to do if you're turned down.
The basic rule
If you have the right to exchange, your landlord must give you a decision and can only withhold consent on one of a set of legal grounds. In England they generally have 42 days to respond, and any conditions they attach have to be reasonable.
If none of the grounds apply, consent shouldn't be unreasonably refused.
The main grounds a landlord can rely on
These come from Schedule 3 of the Housing Act 1985. In everyday terms, a landlord may be able to refuse if:
- There's a possession order or notice already in play against the tenancy.
- The home would be too big for the incoming household — more bedrooms than they reasonably need.
- The home would be too small or otherwise not reasonably suitable for the incoming household.
- The property goes with a job (tied accommodation) and the incoming tenant isn't an employee.
- The landlord is a charity and the incoming household's circumstances would conflict with its objectives.
- The home has been adapted for someone with a disability and no one moving in needs those adaptations.
- The home is let under a special scheme (for example for people with particular support needs) and the incoming tenant doesn't qualify.
What is NOT a valid reason
A landlord generally can't refuse just because they'd prefer a different tenant, because you once had arrears that are now cleared, or because of minor wear and tear. Rent arrears or an active tenancy breach are the usual sticking points — clearing them before you apply removes the most common obstacle.
If you're refused
Ask for the reason in writing and which ground it relies on. If you think it's wrong, you can challenge it — through the landlord's complaints process, and ultimately the Housing Ombudsman or by getting legal advice. Sometimes a refusal can be turned into a conditional yes (for example, clear the arrears first).
Important
This is general information, not legal advice, and the law can change. Always check your own tenancy agreement and confirm the current position with your landlord or a qualified adviser before relying on it.