To ask Her Majesty's Government whether measures are in place to prevent social landlords charging a fee for electricity and gas checks when a person exchanges one social tenancy for another and refusing exchanges when people do not pay such fees. [HL6029]

The right to exchange one social tenancy for another can only be refused on the grounds set out in Schedule 3, Section 92 of Part IV of the Housing Act 1985. None of these grounds covers safety checks or related costs.

The conditions which may be attached to landlord's consent are set out at subsection (5) of Section 92. Conditions can only be imposed where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed. It is unlikely that refusal to pay a charge could amount to rent arrears.