The Introductory Tenancies (Review of Decisions to Extend a Trial Period) (England) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

Chapter 1 of Part 5 of the Housing Act 1996 establishes a regime of introductory tenancies which local housing authorities and housing action trusts may elect to operate. Where such a regime operates the tenancy is an “introductory tenancy” until the end of the trial period which is for a period of one year.

Section 179 of the Housing Act 2004 amends that Chapter to allow local housing authorities and housing action trusts which have elected to operate an introductory tenancy regime to extend the trial period in individual cases for a period of six months.

If a landlord wishes to extend an introductory tenancy, he must serve the tenant with a notice of extension setting out the reasons for his decision and informing the tenant of his right to request a review of the landlord’s decision and the time in which such a request must be made. These Regulations make provision in respect of the procedures to be followed in such a review.

Regulation 2 provides that the tenant is entitled to request an oral hearing and sets out how this right is to be exercised.

Regulation 3 requires the landlord to give the tenant notice of the review.

Regulation 4 provides that the review must be carried out by a person who was not involved in the original decision. If the person carrying out the review and the person who made the decision to extend the trial period are both officers of the landlord, the person carrying out the review must hold a position in the landlord’s organisation senior to the person who made the original decision.

Regulation 5 sets out the requirements in relation to written representations at the review.

Regulations 6 to 9 set out the procedures to be followed during a review by way of an oral hearing.