Tenant transfers to a new home

Existing secure, flexible and introductory council tenants and secure and assured tenants of private registered providers of social housing may apply to their landlord for a transfer to a different property.

From 18 June 2012, transfers that are initiated by the tenant are not within the scope of the allocations rules in Part 6 of the Housing Act 1996 and can be dealt with outside the allocation scheme, except where a tenant is entitled to reasonable preference.

Where a tenant is in a reasonable preference category, they must be treated in accordance with the statutory criteria found in Part 6.[1] This means that a social housing tenant who wants a transfer because they are in unsuitable housing must join the allocations scheme and have their needs and preference assessed in the same way as anyone else who is applying for an allocation of social housing.

A social landlord may devise its own scheme for transfers of tenants who do not have reasonable preference under Part 6, or all applications for a transfer may be dealt with through the allocations scheme.

Where a tenant is offered a transfer by their landlord for housing management purposes, this is known as a management transfer. Although a tenant can request a management transfer, such a transfer falls outside the rules of Part 6 because it is treated as a transfer that is initiated by the landlord.[2]

A social landlord might offer a management transfer because they require the tenant to move, or the tenant needs to move urgently due to, for example:

• domestic abuse

• violence, harassment, intimidation, or threats of violence likely to be carried out

• the need to protect witnesses who have agreed to go to court to give evidence on matters of anti-social behaviour

• urgent social reasons

• major works to the property needing to be carried out

In practice, the landlord will have a policy on when it will make a management transfer. In one case, the High Court found a local authority's management transfer policy was discriminatory, disproportionately impacting women fleeing violence. The policy gave more favourable treatment to existing tenants of the authority.[3]

Where a landlord agrees that a tenant meets the management transfer criteria, the applicant is not assessed in the usual way through the allocations scheme, and the authority does not need to apply the reasonable preference criteria.

Local authority allocations policies generally give top priority to tenants who need to move under a management transfer, reflecting the urgent nature of the need. Under some choice-based lettings schemes a person might be able to bid for a new home in the usual way under the scheme, as well as waiting for a direct offer under the management transfer provisions. Where a scheme does not offer bidding, the tenant is made an offer.

The High Court held that when a public body makes a decision about a tenant's management transfer application, the decision must not be generic. The landlord must properly and adequately explain why its policy criteria have not been met so that the tenant understands why their application was refused.[4]

Transfers due to domestic abuse

From 1 November 2021 certain social housing tenants who need a transfer to a new property because of domestic abuse are entitled to a lifetime secure tenancy, rather than a fixed-term flexible tenancy. [5]

If a local authority offers a tenancy to someone who is or was previously secure tenant or fully assured tenant of a social landlord, and the new tenancy is being granted for reasons connected with the domestic abuse towards that person or a member of their household, the local authority must offer a lifetime secure tenancy, not a flexible tenancy.

The High Court held a landlord must consider all forms of domestic abuse as defined in the Domestic Abuse Act 2021 when considering management transfer applications. A decision by a landlord to refuse a management transfer on the basis there has been no, or a lack of, physical violence is challengeable.[6]

A secure tenant has the right to exchange their tenancy, by way of assignment, with either:[7]

• another secure tenant

• a fully assured tenant of a private registered provider of social housing (PRPSH)

Find out more about mutual exchange for social tenancies on Shelter Legal.

People with a need to move to another area can apply to their own authority for a nomination. This is different from the mutual exchange scheme as it is not a direct swap between two tenants – the nomination is made to the other local authority, and that authority allocates accommodation.

Some authorities only accept nominations to certain types and sizes of property.

The local authority can also advise if it has an arrangement with other authorities to allow 'cross border' bids for properties under their respective choice-based lettings schemes.

Where a social housing tenant wants to move to another local authority area, perhaps to pursue employment, the local authority should consider making an exception to any residency test it may normally impose.[8]