Housing and Regeneration Act 2008

298 Certain family intervention tenancies: termination E+W

(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(ii) any such request has been withdrawn, or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within the period of 14 days beginning with the service of the notice under subsection (2) and the request is not withdrawn.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—

  (a)

  in relation to England, the Secretary of State, and

  (b)

  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

I1 S. 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)

I2 S. 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)

I3 S. 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)