When exchanging, what does the "42 Day Rule" mean?
s92 of the Housing Act 1985 informs landlords that they have a duty to grant or refuse an exchange within the maximum period of 42 days (this includes weekends).
The 42 days commence on the day your application is delivered to the office. It is therefore important that you obtain proof of delivery.
If the 42 day period has expired and your landlord has neither granted or refused your exchange, he can no longer lawfully withhold consent. At this point consent is considered to have been granted, and the Landlord must now provide this in writing to enable the exchange to proceed.
The exception to this would be where the landlord has notified the applicant of a problem relating to one of the grounds within the initial 42 day period. In this case the 42 days would restart from the date of that letter.
Applicants should not exchange their property without written consent - doing so could result in a loss of your rights and/or your home
What the law says:
s92 Housing Act 1985
(4) The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenants application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.
Information is provided for guidance purposes only, we always recommend that you seek professional legal advice where appropriate
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