Home exchanging can be a good solution if you are quickly looking for another home, without being on a long waiting list. Especially tenants in the social sector make use of home swapping. But it also happens in the private sector. However, there are legal hooks and eyes to home exchange.

The rental law lawyers of Arslan Lawyers explain what home exchange entails, when it is allowed and how you can prevent problems.

What is home swapping?

In a home swap, two tenants exchange homes. Both parties terminate their own rental contract and get a new rental contract from the other landlord. This can be attractive because:

• You can move faster than through regular registration.

• You get a home that better suits your situation.

• You can stay within the same network of a housing corporation.

When is home exchange allowed?

Legal rules and conditions apply to home exchange:

1. Permission of the landlord

   • You can’t just swap. The landlord must give written permission in advance.

2. Important reason for exchange

   • For example, family expansion, work in another city or medical reasons.

3. Suitability of the new tenant

   • The landlord checks whether the new tenant is financially suitable and whether the home suits the household size.

Home swap in the social sector

In the social rental sector, housing corporations often impose additional rules. They want to prevent tenants from swapping for a home for which they would actually not qualify. Think of:

• Assessment of income.

• Conditions around the size of the home.

• Regional rules.

Home exchange in the private sector

In the private sector, home exchange is less common, but legally possible. Here, contractual agreements and the landlord’s permission are paramount.

Examples from practice

• Family in Utrecht: wanted to live bigger and swapped with a couple that wanted to live smaller. The housing corporation gave permission after income and household test.

• Student in Rotterdam: tried to get a home in Amsterdam via home swap, but the housing corporation refused because the income did not match the home.

• Tenant in The Hague: swapped a social rental home for a private sector home. Because the landlord did not agree, the swap failed.

Checklist for tenants when swapping homes

• 📑 Always request written permission from the landlord.

• 💶 Check whether your income matches the new home (in social rent).

• 🧾 Ensure that all agreements are recorded in writing.

• 🏠 Check if you keep the right to rent allowance.

• ⚖️ Consult a lawyer in case of refusal or dispute.

Frequently asked questions (FAQ)

1. Can I just swap homes with another tenant?
No, you always need the landlord’s permission.

2. Do I have the right to home swap if I have a good reason?
Not automatically. The landlord can refuse, but must motivate this properly.

3. Can home swapping also be done in the private sector?
Yes, but this happens less often and strongly depends on the landlord.

4. What happens if the landlord refuses?
You can go to court. They judge whether the refusal is reasonable.

Conclusion

Home exchange can be a quick and smart way to get another home, but you are dependent on the landlord’s permission. Especially in the social rental sector, strict conditions apply.

The rental law lawyers of Arslan Lawyers help tenants in applying for home exchanges, enforcing permission or resolving disputes with landlords and housing corporations.