- Latest available (Revised)
- Point in Time (19/08/2011)
- Original (As enacted)
Point in time view as at 19/08/2011.
Housing and Regeneration Act 2008, Cross Heading: Family intervention tenancies is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—
“Family intervention tenancies4ZA(1)A tenancy is not a secure tenancy if it is a family intervention tenancy.
(2)But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.
(3)In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house—
(a)to a person (“the new tenant”) against whom a possession order under section 84 in respect of another dwelling-house—
(i)has been made, in relation to a secure tenancy, on ground 2 or 2A of Part 1 of Schedule 2;
(ii)could, in the opinion of the authority, have been so made in relation to such a tenancy; or
(iii)could, in the opinion of the authority, have been so made if the person had had such a tenancy; and
(b)for the purposes of the provision of behaviour support services.
(4)A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
(5)A notice under this sub-paragraph is a notice stating—
(a)the reasons for offering the tenancy to the new tenant;
(b)the dwelling-house in respect of which the tenancy is to be granted;
(c)the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
(d)the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
(e)that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
(f)any likely action by the local housing authority if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
(6)The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
(7)A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
(8)The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
(9)Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(10)A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a)by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b)by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(11)Subject to this, a statutory instrument containing regulations made under this paragraph—
(a)by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
(b)by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12)In this paragraph—
“appropriate national authority”—
in relation to England, means the Secretary of State; and
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
the new tenant; or
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.”
(2)In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies) after paragraph 12 insert—
“Family intervention tenancies12ZA(1)A family intervention tenancy.
(2)But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.
(3)In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a registered provider of social housing or a registered social landlord (“the landlord”) in respect of a dwelling-house—
(a)to a person (“the new tenant”) against whom a possession order under section 7 in respect of another dwelling-house—
(i)has been made, in relation to an assured tenancy, on ground 14 or 14A of Part 2 of Schedule 2;
(ii)could, in the opinion of the landlord, have been so made in relation to such a tenancy; or
(iii)could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and
(b)for the purposes of the provision of behaviour support services.
(4)A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
(5)A notice under this sub-paragraph is a notice stating—
(a)the reasons for offering the tenancy to the new tenant;
(b)the dwelling-house in respect of which the tenancy is to be granted;
(c)the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
(d)the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
(e)that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
(f)any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
(6)The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
(7)A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
(8)The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
(9)Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(10)A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a)by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b)by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(11)Subject to this, a statutory instrument containing regulations made under this paragraph—
(a)by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
(b)by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12)In this paragraph—
“appropriate national authority”—
in relation to England, means the Secretary of State; and
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
the new tenant; or
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“landlord” has the meaning given by sub-paragraph (3);
“local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996;
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.”
(3)This section does not apply to any tenancy granted before the coming into force of this section.
Commencement Information
I1S. 297 in force at 1.1.2009 for E. by S.I. 2008/3068, art. 4(11) (with arts. 6-13)
(1)A local housing authority must not serve a notice to quit on the tenant of a family intervention tenancy unless—
(a)the authority has served a notice under subsection (2) on the tenant, and
(b)either—
(i)the tenant has not requested a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice,
(ii)any such request has been withdrawn, or
(iii)the authority has served a notice on the tenant under subsection (4)(b).
(2)A notice under this subsection is a notice in writing stating—
(a)that the authority has decided to serve a notice to quit on the tenant,
(b)the effect of serving a notice to quit,
(c)the reasons for the authority's decision,
(d)when the authority is intending to serve the notice to quit, and
(e)that the tenant has the right to request, within the period of 14 days beginning with the service of the notice under this subsection, a review of the authority's decision.
(3)Subsection (4) applies if the tenant requests a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice under subsection (2) and the request is not withdrawn.
(4)The local housing authority must—
(a)review its decision to serve a notice to quit on the tenant, and
(b)serve a notice on the tenant informing the tenant of the decision of the authority on the review and the reasons for it.
(5)The appropriate national authority may by regulations make provision about the procedure to be followed in connection with such a review.
(6)Regulations under subsection (5) may, in particular—
(a)specify the description of person who is to make the decision on a review,
(b)specify the circumstances in which the tenant is entitled to an oral hearing on a review,
(c)specify whether, and by whom, the tenant is entitled to be represented at such a hearing.
(7)A notice under subsection (2), and a notice to quit, served by a local housing authority in respect of a family intervention tenancy must contain advice to the tenant as to how the tenant may be able to obtain assistance in relation to the notice.
(8)The appropriate national authority may by regulations make provision about the type of advice to be provided in such notices.
(9)In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State, and
in relation to Wales, the Welsh Ministers,
“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 (c. 68),
and other expressions used in this section and in paragraph 4ZA of that Schedule have the same meaning as in that paragraph.
(10)This section does not apply to any tenancy granted before the coming into force of this section.
Commencement Information
I2S. 298(1)-(4) (7) (10) in force at 1.1.2009 for E. by S.I. 2008/3068, art. 4(11) (with arts. 6-13)
I3S. 298(5)(6)(8)(9) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(3) (with arts. 6-13)
I4S. 298(5)(6)(8)(9) in force at 1.1.2009 for E. in so far as not already in force by S.I. 2008/3068, art. 4(11) (with arts. 6-13)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: