Home exchange can be a good solution if you need another home quickly, without having to be on a long waiting list. Especially tenants in the social housing sector make use of home exchange. But this also occurs in the private sector. However, there are legal pitfalls to home exchange.

The tenancy law attorneys at Arslan Advocaten explain what home exchange entails, when it is permitted, and how you can avoid problems.

What is home exchange?

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

• You can move more quickly than through regular registration.

• You get a home that better suits your situation.

• You can remain within the same housing association network.

When is a home swap allowed?

Legal rules and conditions apply to home swaps:

1. Permission from the landlord

   • You cannot just swap. The landlord must give prior written consent.

2. Important reason for the swap

   • For example, a growing family, 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 fits the household size.

Home swap in the social housing sector

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

• Income assessment.

• Conditions regarding the size of the home.

• Regional rules.

Home swap in the private sector

In the private sector, home swapping is less common but legally possible. Here, contractual agreements and the landlord’s consent primarily apply.

Examples from practice

• Family in Utrecht: wanted a larger home and swapped with a couple who wanted to downsize. The housing association gave permission after an income and household assessment.

• Student in Rotterdam: tried to obtain a home in Amsterdam through a home swap, but the housing association 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 consent, the swap failed.

Checklist for tenants when swapping homes

• 📑 Always request written permission from the landlord.

• 💶 Check whether your income matches the new home (for social housing).

• 🧾 Make sure all agreements are recorded in writing.

• 🏠 Check whether you remain entitled to rent allowance.

• ⚖️ Consult a lawyer in case of a 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 swap homes if I have a good reason?
Not automatically. The landlord may refuse, but must justify this properly.

3. Is home swapping also possible in the private rental sector?
Yes, but it is less common and depends heavily on the landlord.

4. What happens if the landlord refuses?
You can go to court. The court will assess whether the refusal is reasonable.

Conclusion

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

The tenancy law lawyers at Arslan Advocaten help tenants with applying for a home swap, obtaining permission, or resolving disputes with landlords and housing associations.