Home exchange agreement
This home exchange agreement sets out the terms of a house swap for holiday purposes. The houses exchanged can be in any part of the world, not just the India. This agreement contains sensible suggested provisions to give you peace of mind that your property is being looked after while you are away.
About this home exchange agreement
This is a home exchange agreement, to be used by two house owners to exchange their home on a temporary basis for the purpose of a holiday. It is not an exchange of ownership.
When you have found a suitable house to exchange for yours, this agreement allows you to put your ideas to the other side about how the exchange will work.
This agreement will give you peace of mind that your home is being looked after as you would, leaving you free to enjoy holidaying in new surroundings.
The law in this agreement
There is no law relating specifically to home exchange. That leaves you with plenty of freedom to set the terms you want.
The more thoroughly you specify terms, the more likely your property will be looked after in the way you want it to be. People do live differently, and what may seem common sense to you, might be unusual to someone else. If it is important to you that your possessions are treated in a certain way, it’s best to write down how they should be treated to protect them from unintentional harm. We advise to include them in this agreement, or if that may be too formal, write them down in a schedule and refer to that in the agreement.
This home exchange agreement ensures no legal tenancy rights are afforded the other party because it grants a licence rather than a tenancy.
When to use this home exchange agreement
- Suitable for use by families, couples, individuals or any combination
- Suitable for holidays of any length of time
- Suitable whether the houses are in the India or abroad
- Reuse for each subsequent home exchange you undertake
Agreement features and contents
This agreement covers very thoroughly the practical issues you will face and protects you as far as possible. In a swap situation, it’s important to consider how you would like your home to be looked after, but also your responsibilities in looking after the other party’s home. In several cases, we give you options for your arrangement. Here are just a few:
- Utilities and bills: who will pay and when? Especially important if expensive international telephone calls are made
- Warranties to each other: agreeing in writing those points you covered on the phone
- Condition and repair: who is responsible if the roof starts to leak? Is it insured?
- Damages and breakages
- Obligations and permissions as occupier
- Key pick up
- Rubbish and recycling
- Pets: whether they are allowed, whether they should be looked after
- Early termination: if either party needs to return home suddenly
- Confidentiality about how you live, particularly if your home swap is to be reviewed on Internet sites
- Limitation of liability to each other: the ultimate long stop
- Other legal provisions to protect your interests
- Provision for you to reserve certain areas or rooms to hide away your personal possessions
- Provision for you to describe what extras they are allowed to use: car, boat, fitness machine, and more
- Provision to list people who will occupy your house: you do not want them to have parties!
This document is drawn and maintained by qualified lawyers at Net Lawman. It is real law in plain English.
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