Housing Act 1985

[F1 107E Review of decision to seek possession E+W

(1) A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the end of the period of 21 days beginning with the day on which the notice under section 107D(3) is served.

(2) On a request being duly made to it, the landlord must review its decision.

(3) The review must, in particular, consider whether the decision is in accordance with any policy of the landlord as to the circumstances in which it will grant a further tenancy on the coming to an end of an existing flexible tenancy.

(4) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.

(5) 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.

(6) The landlord must notify the tenant in writing of the decision on the review.

(7) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.

(8) The review must be carried out, and the tenant notified, before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.

(9) 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.]

Textual Amendments

F1 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)