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

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 297(1) of the Housing and Regeneration Act 2008 (“the 2008 Act”) inserted a new paragraph 4ZA into Schedule 1 to the Housing Act 1985 to create a new type of tenancy, the family intervention tenancy, which can in certain circumstances be offered by local housing authorities.

Section 298 of the 2008 Act provides that the local housing authority (“the authority”) must not serve a notice to quit on a tenant of a family intervention tenancy unless the authority has served a notice stating the matters set out in subsection (2) of that section.

Where a tenant makes a request for a review of the decision to serve a notice to quit, the authority must review the decision and serve a notice on the tenant informing the tenant of the decision and the reasons for it.

These Regulations set out the procedure to be followed in connection with such a review.

Regulation 3 states that the review must be carried out by a person who was not involved with the decision to serve the notice to quit on the tenant. Where the person carrying out the review (“the reviewer”) is an official of the authority, the reviewer must hold a more senior position than the official who took the decision to serve the notice to quit.

Regulation 4 provides that the tenant may request a review by way of an oral hearing provided the request is submitted within the time limit set out. Schedule 1 sets out the procedure to be followed.

Regulation 5 provides that in all other cases, the review will take place by way of written representations. Schedule 2 sets out the procedure to be followed.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.