12.3.2 Applying for a Mutual Swap - Department of Human Services

Allocations Manual
Chapter 12
Mutual Swaps
April 2012
Mutual Swaps
April 2012
Published by the Housing and Community Building Division Victorian Government, Department of
Human Services, Melbourne, Victoria, Australia.
Copyright State of Victoria, Department of Human Services, 2012.
This publication is copyright. You may make limited copies of this document in accordance with the
Copyright Act 1968 (Cth), including copies for research, study, criticism, review or news reporting.
Apart from this, you may not publish, reproduce, adapt, modify, communicate or otherwise use any
part of this document (in particular for commercial purposes).
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
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Table of Contents
12.1
DEFINITIONS ........................................................................................................................ 4
12.2
MUTUAL SWAPS POLICY ................................................................................................... 5
12.2.1
12.2.2
12.2.3
12.2.4
12.2.5
12.2.6
12.3
HOME SWAPS PROCEDURES ........................................................................................... 8
12.3.1
12.3.2
12.3.3
12.3.4
12.3.5
12.3.6
12.4
Introduction ........................................................................................................ 5
Registering Interest for a Mutual Swap.............................................................. 5
Application for a Mutual Swap ........................................................................... 5
Assessing Eligibility............................................................................................ 6
Maintenance ...................................................................................................... 6
Tenure review .................................................................................................... 7
Registering the Interest to Swap ........................................................................ 8
Applying for a Mutual Swap ............................................................................... 8
Assessing Eligibility............................................................................................ 9
Arrange Inspection/s .......................................................................................... 9
If The Mutual Swap Is Not Approved ............................................................... 10
If A Mutual Swap Occurs Without Approval ..................................................... 10
APPENDICES ..................................................................................................................... 12
12.4.1
12.4.2
12.4.3
Mutual Swap Interest Form .............................................................................. 12
Mutual Swap Confirmation Letter .................................................................... 14
Mutual Swap Matches List ............................................................................... 15
Note: Appendices have been highlighted and linked throughout the Chapter in blue italic text.
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12.1
Definitions
See Introduction and Overview Chapter of this manual
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12.2
Mutual Swaps Policy
12.2.1
Introduction
Department tenants are permitted to swap their rented properties with other Department tenants within
Victoria in accordance with the mutual swap policy.
The Department maintains a mutual swap intranet database for the promotion and management of
mutual swap information, for regional staff to access on behalf of tenants. The database enables
tenants to register their intention to relocate using the mutual swap process and obtain information
regarding other tenants wishing to do the same, via the local Housing Office.
12.2.2
Registering Interest for a Mutual Swap
 Current Department tenants can register their interest for a mutual swap by completing the Mutual
Swap Interest Form. This form contains a Form of Authority to obtain the tenant’s consent to release
their property and contact details to other tenants wishing to participate in the mutual swap process.
These details are registered on the mutual swap intranet database.
Note: Should the Form of Authority not be completed, the local Housing Office is required to act as a liaison on behalf of the
tenant/s. This is to ensure privacy is maintained.
Tenants are not required to submit an Application for Public Housing at the time they register their
interest to swap, however, may do so if they wish to be assessed for eligibility to be placed on the
General Housing waiting list.
Tenants who wish to swap their properties are required to contact other tenants with whom they wish
to swap. The tenants arrange to inspect the respective properties they are interested in swapping to
before deciding whether to request that the Department assess the mutual swap for approval.
12.2.3
Application for a Mutual Swap
 Applications and Eligibility Chapter
Eligibility Criteria
 Tenants who apply to swap are required to meet all General Housing eligibility criteria, and
must also be eligible for the size of the property to which they will be moving as outlined in the
Applications and Eligibility Chapter on this manual.
Additional eligibility requirements include;

Households must meet the accommodation scheme requirements. For example, a swap between
an RSE household and an RGS household would be considered inappropriate.

The property must meet any existing or approved modifications required by any household
member (ie. ground floor, step-less shower, etc.)
Only household members who have resided together for at least six months can be included in
determining the appropriate housing size for a mutual swap. The six-month requirement avoids the
situation of a long-term public housing outcome being provided in response to a short-term
overcrowding situation.
Note: Where the household size changes due to an increase in dependants or where a new household member has moved
into the household in order to receive or give on-going care, the six-month wait period is waived.
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Following an initial allocation of public housing, a tenant may apply for a mutual swap at any time.
Although a tenant must wait at least one year after a transfer or swap before any subsequent swaps
can be approved, they may apply for an early housing transfer at any time if they need to move
sooner.
Note: The one-year requirement does not apply where the applicant has an approved Early Housing Transfer application, or is
a first-time public housing tenant.
Tenants can choose to swap within or outside their existing waiting list area.
Documentation
Tenants applying for a mutual swap are required to submit the following documentation to their local
Housing Office for approval to swap:

 A Mutual Swap Confirmation Letter

A completed Application for Public Housing form including any documentation required to
assess eligibility.
Note: If a tenant has already lodged a transfer application, this application is used for the purpose of the mutual swap.
Incomplete Applications
An application to swap is incomplete if documentation regarding the household’s eligibility is not
supplied, or sections of the Application for Public Housing form have not been completed.
12.2.4
Assessing Eligibility
Each office is responsible for the assessment of its own tenants’ eligibility for a mutual swap.
Upon each application being assessed, both Housing Offices must agree to the mutual swap before it
can proceed. For example, should one tenant not meet the eligibility criteria, the swap will not proceed.
Eligible applications
Once a mutual swap application is assessed as eligible, the Public Housing application is approved
and placed on the applicant’s preferred broadband in accordance with the household’s size.
Ineligible applications
If an application is assessed as ineligible according to the General Housing eligibility criteria and
mutual swap eligibility criteria, the mutual swap is not approved. If the ineligible applicant becomes
eligible at a later date they are able to lodge a new application.
12.2.5
Maintenance
 Maintenance Manual
Because mutual swap properties are not vacant for any period of time, the Office of Housing is not
able to undertake vacant property maintenance. Tenants who are eligible for a mutual swap must
therefore accept their new housing in the condition in which they find it when they inspect.
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 The Department also inspects the properties of both the tenants wishing to swap, prior to the
approval of a swap being made. At the inspection, a Tenancy Condition Report (TCR) is completed
and maintenance for which each tenant is responsible is arranged and completed prior to the swap, as
detailed in the Maintenance Manual. This ensures that any cost for which the tenant is responsible is
charged to the tenant’s account and paid prior to the swap.
Note: The Department does not change the locks to the properties as a result of the mutual swap. Tenants are responsible for
ensuring that all keys to the respective properties are swapped at the time the mutual swap proceeds.
12.2.6
Tenure review
 Introduction and Overview Chapter
 All tenants, other than those aged 65 years and over, who swap properties will have their eligibility
for housing reassessed at five-year intervals in accordance with the Department’s Tenure Review
Policy as referred to in the Introduction and Overview Chapter of this manual.
Note: Where an Early Housing application is utilised for a mutual swap, non-reviewable tenants retain their non-reviewable
status.
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12.3
Home Swaps Procedures
12.3.1
Registering the Interest to Swap
 Applications and Eligibility Chapter
Receiving the Mutual Swap Interest Form
Ensure the tenant has completed all details in the Mutual Swap Interest Form. Inform the tenant that
they may complete an Application for Public Housing at this time if they also wish to be included on the
Public Housing waiting list. However, the tenant may do this once a request to swap properties is
made i.e. once a suitable property to swap to is located.
If an Application for Public Housing is lodged, the tenant and any other household members
are required to provide current income, asset and other necessary documentation to support their
eligibility as referred to in the Applications and Eligibility Chapter of this manual.
If the tenant/s already has an approved Application for Public Housing for a transfer, advise them that
this application will be used for their mutual swap if their request is approved.
Registering the Interest to Swap
 Enter the tenant’s details from the Mutual Swap Interest Form into the mutual swap intranet
database. Confirm that the details entered match those stored in HiiP.
Note: Tenants are only required to register their interest to participate in the mutual swap process once. Should there be a
change in the tenant’s circumstances, their record can be updated.
 Once the details have been entered into the mutual swap intranet database, provide tenants with
the Mutual Swap Matches List. This list contains addresses and contact details of tenants already
registered in the mutual swap process, whose property details match the desired property details
entered on the intranet database.
Note: Where the Form of Authority that is attached to the Mutual Swap Interest form has not been completed, the local
Housing Office is required to act as a liaison on behalf of the tenant/s. This is to ensure privacy is maintained at all times.
12.3.2
Applying for a Mutual Swap
 Applications and Eligibility Chapter
Check that the tenant/s applying for a mutual swap have provided:

 a Mutual Swap Confirmation Letter

a completed Application for Public Housing form including any documentation required to assess
eligibility.
 Follow the procedure described in the Applications and Eligibility Chapter in this Manual.
Capture the details contained in the application and other documentation in HiiP, selecting ‘mutual
swap’ as the application type. Assess the household for eligibility for public housing, and if eligible,
approve the application to their preferred broadband areas.
Incomplete Applications
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Incomplete applications are registered, and a letter is sent to the applicant requesting the necessary
information or documentation. If the application form itself has not been completed, the form is also
returned (e.g. where the statutory declaration at the end of the application stating all the information
provided is true and correct is not signed).
If the information is not received within 28 days from the date the letter was sent, the application is
made ineligible. An ineligible application cannot be revived and placed on the waiting list unless it was
incorrectly made ineligible by the Department. Applicants will be required to resubmit a new
application.
12.3.3
Assessing Eligibility
 Matching Clients with Housing Chapter
If the swap involves a tenant from a locality that comes under the responsibility of another Housing
Office, conduct the assessment for your tenant only. Make arrangements for the other Housing Office
to assess their tenant’s eligibility in HiiP. Both Housing Offices must agree to the mutual swap before it
can proceed. For example, should one tenant not meet the eligibility criteria, the swap may not
proceed.
Check the tenants’ current tenancy history in order to determine if they are eligible for a mutual swap.
Following an initial allocation of public housing, a tenant may apply for a mutual swap at any stage.
If the tenants were allocated their current housing via a mutual swap or transfer, check that they have
each been living in their current accommodation for more than one year. If they have been living in
their current accommodation for more than a year, continue with the swap assessment. If the tenants
have been living in their current housing for less than a year, determine if special circumstances apply.
For example, where an applicant has not resided in their property for over a year but has an approved
Early Housing Transfer application, the swap may be approved.
Note: The one year requirement does not apply where the applicant has a current approved Early Housing Transfer
application, or is a first-time public housing tenant.
Check to see if the household has any outstanding rental arrears, water charges, bond loan or
maintenance debts from their current tenancy or previous business with the Department. Advise the
tenant that all Department debts must be paid in full.
 Check if the household is eligible for the housing size they have applied to swap to. If either
household is not eligible refer the file to the Housing Services Manager (HSM) for further
consideration. The HSM will take into consideration relative demand for the stock type involved, as
referred to in the Matching Clients with Housing Chapter of this manual.
Check to see that both households are of the same accommodation scheme requirements and that
the properties meet each household’s special accommodation requirements.
Note: Only household members who have resided together for at least six months can be included in determining the
appropriate housing size. Where the household size changes due to an increase in dependants or where a new household
member has moved into the household in order to receive or to give ongoing care, the six-month wait period is waived.
Ineligible applications
If an application is assessed as ‘ineligible’, send a letter to the relevant applicant within 28 days of
receipt of all documentation. The ineligible applicant is informed that they are able to lodge a new
application if they become eligible at a later date.
12.3.4
Arrange Inspection/s
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 Maintenance Manual
Arrange a time for an inspection of the property and prepare an inspection report. Explain to the tenant
that they must accept their new housing without the Department completing any vacated maintenance.
 If maintenance is required to the property which will incur tenant responsibility (TR) charges,
inform the tenant/s and arrange for all maintenance items to be actioned immediately as referred to in
the Maintenance Manual.
If both tenants meet the Department eligibility criteria for a mutual swap, the swap can be approved
subject to the tenants paying all outstanding charges (if applicable), including TR maintenance
charges (if applicable) prior to the mutual swap taking place.
12.3.5
If The Mutual Swap Is Approved
 Maintenance Manual
 Signing Residential Tenancy Agreements Chapter
 Represented Tenants and Applicants Chapter
If the swap involves a tenant from a locality that comes under the responsibility of another Housing
Office, liaise with the local office to sign a Residential Tenancy Agreement on the same day. Advise
them to pay any outstanding charges (if applicable) prior to the appointment and to bring receipts of
payment, if necessary.
 A new Tenancy Condition Report must also be completed for the new tenancy as referred to in
the Maintenance Manual.
 Refer to the Signing Residential Tenancy Agreements Chapter in this manual for sign up
procedures.
 If the applicant has a representative acting on their behalf, refer to the Represented Tenants and
Applicants Chapter in the Tenancy Management manual for more information.
12.3.6
If The Mutual Swap Is Not Approved
 Applications and Eligibility Chapter
If the swap is not approved, send a letter to the tenant advising:

their application to swap has not been approved, and the reason it was not approved

 their public housing application can remain on the waiting list for a transfer, if they meet all
the General Housing eligibility criteria

of their right to appeal the decision.
12.3.7
If A Mutual Swap Occurs Without Approval
 Maintenance Manual
 Signing Residential Tenancy Agreements Chapter
 Tenancy Management Manual
If the tenants have swapped properties without the Department’s approval, ask each tenant to submit
documentation to demonstrate they meet the eligibility requirements. Submit their mutual swap
application to the HSM for assessment.
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 If their application is approved by the HSM, advise them that they will be responsible for any TR
maintenance charges in the new property as they swapped without prior approval and before a
property inspection could be conducted. If the tenant provides evidence that the damage was not
caused by them, a member of their household or a visitor they permitted onto the property, consider
whether any TR maintenance charges are to be applied to the former tenant’s tenancy or the new
tenancy. Refer to the Maintenance Manual for further information.
 Create a new tenancy account on HiiP, and arrange for the tenants to immediately sign
Residential Tenancy Agreements at the relevant Housing Office. Ensure that the start and end dates
for both tenancies are the same day.
Note: A new TCR must also be completed for both new tenancies.
If the request for a mutual swap is not approved, send a letter by registered post to each tenant
advising them:

their application for a mutual swap has not been approved, and the reason it was not approved

that they have moved into the property without the Department’s consent, and they must return to
their previous housing immediately

that if they do not return to their previous housing, the Department will commence legal action

that they have the right to appeal the decision.
 Negotiate with the tenants to return to their previous housing within a reasonable timeframe (e.g.
within 14 days from the date of receipt of the letter). If the tenants refuse to move back to their
respective housing, initiate legal action by following the procedure outlined in the Tenancy
Management Manual.
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12.4
Appendices
12.4.1
Mutual Swap Interest Form
Mutual Swap Interest Form
CLIENT DETAILS
Tenant’s Name:
Application No.
(if applicable):
Contact No.
Contact email:
CURRENT PROPERTY DETAILS
Address:
Suburb:
Postcode:
Region:
Note:
Only ONE option may be selected from each section below:
RAGB property:
 Yes
 No
Property type:
 High rise
 Walk up flat  House
 Unit
 Flat
 Other
 Concrete
 Brick
 Timber
Property cladding:
Access type:
Bedrooms:
 1 Flight of stairs
 2 Flights of stairs
 Ground floor
 Lift access
 1br
 2br
 3br  4br
 Shed
Additional details:
 Other
 3 Flights of stairs
 5br  6br
 Garage
 Sleep out
Additional comments (Limited to 100 characters):
_________________________________________________________________________________
_________________________________________________________________________________
_______________________________________
DESIRED PROPERTY DETAILS
Note:
MULTIPLE options may be selected from each section below:
Suburb/s:
1.
2.
3.
Region:
RAGB property:
 Yes
 No
Property type:
 High rise
 Unit
 Walk up flat  House
 Flat
 Other
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 Concrete
Property cladding:
 Brick
 Timber
 Other
Access type:
 1 Flight of stairs
 Ground floor
 2 Flights of stairs
 Lift access
 3 Flights of stairs
Bedrooms:
 1br
 3br
 5br
Additional details:
 Shed
 2br
 Garage
 4br
 6br
 Sleep out
FORM OF AUTHORITY
The tenant who is registering their interest to participate in the mutual swap process should complete
the section below.
When registering your interest to participate in the mutual swap process, it will be necessary for
Department staff to speak to other tenants also interested in participating in the mutual swap process.
Only details that directly relate to this mutual swap interest from will be discussed.
By completing this section, you are providing your consent for the Department to release specific
information about your interest to swap, to other interested mutual swap applicants.
I, (Full name) _______________________________________________________
of (Complete address) ________________________________________________
hereby authorise the Director of Housing or officers acting on behalf of the Director of Housing, to
disclose relevant information to other applicants registered in the mutual swap process. I understand
this may occur at any time while my interest in the mutual swap process is active.
………………………………………………….
Tenant’s Signature
_____ / _____ / 20____
Date
Note: Withdrawal of consent to disclose information to other participants in the mutual swap
process can be made at any time by written notice to a local housing office. The
withdrawal of consent will operate from the date of receipt.
All documentation and client data received is managed in accordance with the Information
Privacy Act 2000.
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12.4.2
Mutual Swap Confirmation Letter
Tenant’s name:
Tenant’s address:
Attention: Housing Services Officer
RE: Approval for a Mutual Swap
I am writing to confirm that I would like to participate in the Department’s Mutual Swap process.
I have contacted the tenant with whom I wish to swap and we have agreed to participate in the mutual
swap process. Details of the proposed mutual swap are as follows:
I, (full name) ______________________________________________________________________
of (full address) ___________________________________________________________________
want to enter into a mutual swap with (full name of other swap participant)
_________________________________________________________________________________
of (full address of other swap participant) _______________________________________________
_________________________________________________________________________________
Please find attached my completed Application for rental housing form.
If you have any further questions in relation to the above matter, please contact me on
(tenant’s phone number) _______________________
Yours sincerely …………………………………………….(Tenant’s signature)
OFFICE USE ONLY
Mutual swap approved:
 Yes
 No
If No, why? _______________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Tenant advised of outcome:
 Yes
 No
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12.4.3
BACK
Mutual Swap Matches List
PRINT
RAGB property:
Suburb:
Region:
Type:
Cladding:
Access:
Bedrooms:
Additional details:
No
Any
Eastern
High rise OR House
Brick
Any
2br OR 3br
Garage
Address
Suburb
Contact name
Contact phone number
13 Black Road
Doncaster
Miss Smith
9848 6677
29 Cool Street
East Doncaster Sally Jones
9842 3765
Contact local housing office (Ref # 345) for further details
1/354 Market Avenue
Blackburn
Mr Jackson
0978 321 654
Contact local housing office (Ref # 765) for further details
81 Easy Lane
Box Hill
Than Nguyen
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