Housing Act 1985

[F1 107B Review of decisions relating to flexible tenancies E+W

(1) This section applies if a person (“the prospective landlord”)—

(a) offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or

(b) serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.

(2) A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.

(3) The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.

(4) A request for a review must be made before the end of—

(a) the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or

(b) such longer period as the prospective landlord may in writing allow.

(5) On a request being duly made to it, the prospective landlord must review its decision.

(6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.

(7) The regulations may, in particular, make provision—

(a) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.

(8) The prospective landlord must notify the person concerned in writing of the decision on the review.

(9) If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.

(10) Regulations under this section—

(a) may contain transitional or saving provision;

(b) are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Ss. 107A-107E and cross-heading inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 154, 240(2); S.I. 2012/57, art. 4(1)(p) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)