Massive Dilemma

For what reason did you agree to a house swap Msida, you must have wanted to move from your last home?
I don’t think you have only two choices, what are you going to do if you do take option 1 and the Housing Association say thanks but won’t allow you to move back even if they do evict the new tenants, which seems unlikely because as has been said they may already know about the other house?

misadventureThey are not strangers

They made me pay them £300 on the day of exchange because a cupboard was broken and they were going to change their minds.. They told me they had no issues with mice and the second night I was here I was woken up by a mouse crawling up my leg.. they said they would leave the dishwasher but they did not They took the bath screen and took it with them they wripped the bathroom cabinet off the wall and left holes and exposed wires I could go on

So, are they the sort of people you would want to upset?
And either way, it will be a huge upset for them, whether they're genuine or not.
Just bear in mind your own safety.

so, this was a house swap, of a housing association property ?
why did you not take up those issues of the condition of the property with the HA.
also it sounds as if you revealed that you were desperate to move, as £300 sounds ridiculous for a broken cabinet.
was there no written schedule re items to be left, fittings etc.
i really don't know about HA. is this one for retired clergy, or am i getting mixed up with another poster ?
are there any groups local to you who could advise or support you with these issues.
are your feelings more than housing related, are you depressed, or isolated. have you seen your GP.
all the best.

Msida if they did all those things to the house before you moved in why on earth would you go along with it
They made you pay £300 for a broken cupboard! but they took the dishwasher, a bath screen, and a cabinet ripped of the wall and you accepted all that without a word surely that was the time to complain not months later

You regret the move and want to go back but unfortunately in life we can’t always go backwards

Moving home is not a quick thing to do it s extremely stressful and although I ve never been in a housing association house I can only imagine there are weeks of preparation and paperwork before you actually move you must have had all that time to back out and didn’t

I feel for you thinking you ve made the wrong move but I can’t see how you can right it you have to accept the move you’ve made instead of yearning for the past

One thing to bear in mind, which may have got lost in the upset of not liking your new property, is that there was initially a reason to move from the other property so it doesn't seem as if you were totally happy there either. Think not about a backwards move but maybe forwards or even sideways. It's sometimes tricky if you are making decisions on your own to be able yo see the wood for the trees.

If you gave up your original property because it was too big for example the HA may not want to "give it back" to you. I think they view their properties as housing stock allocated according to need.

I'm very surprised the Housing Asks citation allowed you to take up residence without the paperwork being completed. As you have however I think there will probably be something legal 're your tenancy so I would try to get some proper legal advice. As to the other folk possession is 9 points of the law they have taken up residence and I doubt anything will shift them.

Housing Association!

Bigberthal The paperwork was being dealt with by a housing officer that had never completed an exchange and she made the error of not asking me to sign The Deed of Assignment of Tenancy

So basically the HA can not charge the new tenants rent because I am still their tenant.

Thank you for those that are trying to help and be supportive

To those that have been only negative have formed a shadow but only momentarily

And someone tried to frighten me by saying be careful they are angry people. To that person my life isn't ruled by silliness or fear

And if your is perhaps that needs to be worked on

Land registry records are public - it costs a couple of pounds to go online and get a record of the legally registered owners.

When a tenant moves from one property to another any repairs are the responsibility of the housing association who may well charge the leaving tenant for damages. I have never heard of incoming tenants demanding monies for broken items. Similarly, the HA should be informed of the state of the tenancy you took over - and it is their responsibility to put things as they should be. You should not have paid the incoming tenants any money but informed the association of this request.

Re the owner occupation situation of the people who moved into your property - Do you know if both names were on the tenancy in which you now live? If so, then I would advise the HA of your findings because, as someone has previously mentioned, HA properties are far and few between and should not be let to owner occupiers. There are some cases where people moving into care homes are allowed time to sell their properties and the monies deducted by the HA when complete.

I would think it unlikely, however, you would be to be able to move back to your previous address .

I think a solicitor has to be consulted.

Msida my advice to you is to go to the CAB to find out what your rights are regarding your previous property because that is a completely separate issue to the one of property ownership. As to that particular issue, information given to the HA should be confidential and they will investigate. However, you might not get your property back and no doubt, it will take time so it would be in your own interests to try to move forward in your mindset about your current living situation.
You are obviously struggling with all of this and I suspect the sense of unfairness will bring you to the floor if you let it get on top of you. Try to find somewhere in your area where you can make friends which might make it easier. For example, in our area the local Age Concern do a cheap lunch (as do the church) where you can meet people. Join the NextDoor local pages and see what is happening. In our area someone has started a Cribbage Club but other groups are on there. The local libraries often do knit and natter or crochet and chat. It takes a bit of courage and self discipline to do but it should give you something to look forward to. Just a little light in the blackness can really make a difference.
Maybe start to make little homely touches to your home to make it "yours". You don't have to spend a lot. There are lots of ideas on t'internet to give you food for thought.
Find out what your rights are and if you are stymied try not to waste mental energy on something you can't change. If you really hate where you are, you can wait for the allotted time and try to do another exchange. Nothing is written in stone and you might find that things change if you are more accepting so that you don't actually want to move.
Good luck.

Msida

Thank you for those that are trying to help and be supportive

To those that have been only negative have formed a shadow but only momentarily

And someone tried to frighten me by saying be careful they are angry people. To that person my life isn't ruled by silliness or fear

I didn't try to frighten you.
I thought it was a point worth making.
I have tried to help everytime you have made a thread since your husband died, but I'll mind my own business now I've realised you only want to hear agreement.

Maybe their house was being repossessed, in which case they would be homeless. Guess that’s how the qualified for a house from HA. I think you need to try to move on to be honest.

Be really careful that your facts are correct before you report them to the HA. It takes some time for the land registry to update title deeds when property is sold - in some cases it can take up to nine months, so the information you’ve been given isn’t necessarily correct if they’ve recently sold a property. In any case, I think that without knowing their full circumstances you’re on dodgy ground. If they are proven to have obtained the house fraudulently there’s also no guarantee that you will be allowed to swap back as the house would then go back into the bidding pool. If the HA have already said no, despite your documents not being signed, then I can’t see much hope for them changing their minds.

Sorry - posted too soon. In addition if their home was repossessed this would make them homeless and they would then qualify for social housing - and again there would be a delay in the land registry details being updated while the house is sold on by the bank or whatever.

I'm really confused as to what is happening, so as it is so complex, can you not make an appointment with someone from the housing association to discuss your concerns and hopefully either have repairs done on your own property and they mice dealt with or be put forward for another swap? None of it seems legally binding if you haven't signed tenancy agreements, so speak to someone who knows what they are doing,

I don't think you have a choice. Legally if they own a property they could be depriving someone on the housing list who needs a home. Whether you are allowed to move back is not really the issue of they are householders. Personally I would advise the Housing Association and let them decide. You have a moral responsibility

I doubt very much that you’ll get to move back to your old house. I would focus your energy on settling in & enjoying your new home, which presumably you wanted to move to.

My daughter arranged her own house swap from London to Bournemouth and it was a very stressful time, although she now has a beautiful 2 bed detached house. Perhaps ring the CAB for advice about your situation. Good luck.