PART 5

Recovery of possession of dwelling-houses: anti-social behaviour grounds

Absolute ground for possession: secure tenancies

Review requirements for new ground
96
After section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) there is inserted—

Review of decision to seek possession on absolute ground for anti-social behaviour
85ZA
1
A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—
a
a local housing authority, or
b
a housing action trust.
2
Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.
3
On a request being duly made to it, the landlord must review its decision.
4
The landlord must notify the tenant in writing of the decision on the review.
5
If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
6
The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.
7
The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.
8
The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in Wales.
9
Regulations under subsections (7) and (8) may, in particular, make provision—
a
requiring the decision on 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.
10
Regulations under this section—
a
may contain transitional or saving provision;
b
are to be made by statutory instrument which—
i
in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;
ii
in the case of regulations made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
S. 96 in force at 17.9.2014 for specified purposes by S.I. 2014/2454, art. 2
S. 96 in force at 20.10.2014 for E. in so far as not already in force by S.I. 2014/2590, art. 2(c)
S. 96 in force at 21.10.2014 for W. by S.I. 2014/2830, art. 2(c)