- Latest available (Revised)
- Original (As made)
The Introductory Tenants (Review) Regulations 1997
You are here:
- UK Statutory Instruments
- 1997 No. 72
- Whole Instrument
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: The Introductory Tenants (Review) Regulations 1997
Alternative versions:
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Introductory Tenants (Review) Regulations 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 1A inserted by S.I. 2022/907 Sch. 1 para. 16
Statutory Instruments
1997 No. 72
HOUSING, ENGLAND AND WALES
The Introductory Tenants (Review) Regulations 1997
Made
16th January 1997
Laid before Parliament
22nd January 1997
Coming into force
12th February 1997
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 129 and 142 of the Housing Act 1996(1) and of all other powers enabling them in that behalf hereby make the following Regulations:
Citation, commencement and interpretationE+W
1.—(1) These Regulations may be cited as the Introductory Tenants (Review) Regulations 1997 and shall come into force on 12th February 1997.
(2) In these Regulations references to—
(a)a tenant are to an introductory tenant; and
(b)a landlord are to a local authority or housing action trust which has elected to operate an introductory tenancy regime.
Commencement Information
I1Reg. 1 in force at 12.2.1997, see reg. 1(1)
Right to a hearingE+W
2. The review under section 129 of the Housing Act 1996 of the decision to seek an order for possession of a dwelling-house let under an introductory tenancy shall not be by way of an oral hearing unless the tenant informs the landlord that he wishes to have such a hearing before the end of the time permitted under subsection (1) of that section to request a review of that decision.
Commencement Information
I2Reg. 2 in force at 12.2.1997, see reg. 1(1)
Who is to carry out the reviewE+W
3.—(1) The review shall be carried out by a person who was not involved in the decision to apply for an order for possession.
(2) Where the review of a decision made by an officer is also to be made by an officer, that officer shall be someone who is senior to the officer who made the original decision.
Commencement Information
I3Reg. 3 in force at 12.2.1997, see reg. 1(1)
Review without a hearingE+W
4. If there is not to be a hearing the tenant may make representations in writing in connection with the review and such representations shall be considered by the landlord who shall inform the tenant of the date by which such representations must be received, which shall not be earlier than five clear days after receipt of this information by the tenant.
Commencement Information
I4Reg. 4 in force at 12.2.1997, see reg. 1(1)
Review by way of a hearingE+W
5.—(1) Subject to the provisions of this regulation, the procedure in connection with a review by way of hearing shall be such as the person hearing the review shall determine.
(2) A tenant who has requested a hearing has the right to—
(a)be heard and to be accompanied and may be represented by another person whether that person is professionally qualified or not, and for the purposes of the proceedings any representative shall have the rights and powers which the tenant has under these Regulations;
(b)call persons to give evidence;
(c)put questions to any person who gives evidence at the hearing; and
(d)make representations in writing.
Commencement Information
I5Reg. 5 in force at 12.2.1997, see reg. 1(1)
Notice of hearingE+W
6. The landlord shall give the tenant notice of the date, time and place of the hearing, which shall be not less than five days after receipt of the request for a hearing and if the tenant has not been given such notice, the hearing may only proceed with the consent of the tenant or his representative.
Commencement Information
I6Reg. 6 in force at 12.2.1997, see reg. 1(1)
Absence of tenant at hearingE+W
7. If any person shall fail to appear at the hearing, notice having been given to him in accordance with regulation 6, the person conducting the review may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the conduct of the further review as that person may think proper.
Commencement Information
I7Reg. 7 in force at 12.2.1997, see reg. 1(1)
Postponement of hearingE+W
8. A tenant may apply to the landlord requesting a postponement of the hearing and the landlord may grant or refuse the application as they see fit.
Commencement Information
I8Reg. 8 in force at 12.2.1997, see reg. 1(1)
Adjournment of hearingE+W
9. A hearing may be adjourned by the person hearing the review at any time during the hearing on the application of the tenant, his representative, or at the motion of the person hearing the review and, if a hearing is adjourned part heard and after the adjournment the person or persons hearing the review differ from those at the first hearing, otherwise than through the operation of paragraph 7, proceedings shall be by way of a complete rehearing of the case.
Commencement Information
I9Reg. 9 in force at 12.2.1997, see reg. 1(1)
Absence of person hearing the reviewE+W
10. Where more than one person is conducting the review, any hearing may, with the consent of the tenant or his representative but not otherwise, be proceeded with in the absence of one of the persons who is to determine the review.
Commencement Information
I10Reg. 10 in force at 12.2.1997, see reg. 1(1)
David Curry
Minister of State,
Department of the Environment
14th January 1997
William Hague
Secretary of State for Wales
16th January 1997
Explanatory Note
(This note is not part of the Regulations)
Chapter I of Part V of the Housing Act 1996 established a regime of introductory tenancies. If the landlord is to end such a tenancy he must provide the tenant with a notice stating that the landlord is applying to the court for an order for possession, setting out the reasons for this decision and informing the tenant of his right to request a review of this decision. These Regulations make provision about the procedure to be followed in this review.
Regulation 2 provides that the tenant is entitled to a hearing and how this right is to be exercised.
Regulation 3 provides that the review must be undertaken by a person who was not involved in the original decision.
Regulations 4 to 10 set out the details of the procedure to be followed on the review.
(1)
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.