C1C2C3 PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
F1Flexible tenancies
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)
107BReview of decisions relating to flexible tenancies
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.
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61