The Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008

Citation, commencement and application

1.—(1) These Regulations may be cited as the Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008 and shall come into force on 5th January 2009.

(2) The Regulations apply in relation to dwelling-houses(1) in England only.

Interpretation

2.  In these Regulations—

“the Act” means the Housing and Regeneration Act 2008;

“the authority” means the local housing authority(2);

“behaviour support services” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985(3);

“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985;

“the review” means a review of the authority’s decision to serve a notice to quit upon the tenant under section 298 of the Act; and

“the reviewer” means the person carrying out the review.

Reviewers

3.—(1) A reviewer must be a person who was not involved in the decision to serve a notice to quit upon the tenant.

(2) Where the review—

(a) relates to a decision of an officer of the authority; and

(b) the reviewer is another officer of that authority,

the reviewer must hold a more senior position within the authority than the officer whose decision is the subject of the review.

Request for oral hearing

4.—(1) The tenant may request a review by an oral hearing.

(2) The tenant must make such a request within 14 days of receipt of the notice under section 298(2) of the Act.

(3) Where the tenant has requested a review by oral hearing—

(a) the hearing must not take place before the period referred to in paragraph 2 of Schedule 1 has expired; and

(b) the authority must give—

(i) the tenant; and

(ii) any person providing behavioural support services to the tenant,

at least 7 days’ notice of the date, place and time of the oral hearing.

(4) The procedure to be followed for an oral hearing is set out in Schedule 1.

Review by written representations

5.—(1) The review will take place by written representations, where the tenant—

(a) has requested a review by written representations;

(b) has not requested a review by oral hearing; or

(c) has requested a review by oral hearing, but has not done so within the time limit imposed by regulation 4(2).

(2) The procedure to be followed for a review by written representations is set out in Schedule 2.

Signed by authority of the Secretary of State for Communities and Local Government

Kay Andrews

Parliamentary Under Secretary of State

Department for Communities and Local Government

4th December 2008