Welsh Statutory Instrument 2006 No. 2983 (W.274)

The Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2006 No. 2983 (W.274)

HOUSING, WALES

The Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006

	Made	14 November 2006
	Coming into force	17 November 2006

The National Assembly for Wales, in exercise of the powers conferred upon it by section 125B(3) and (4) of the Housing Act 1996[1] makes the following Regulations:

Title, commencement, application and interpretation
    1.—(1) The title of these Regulations is The Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006 and they come into force on 17 November 2006.

    (2) These Regulations apply in relation to dwelling houses in Wales.

    (3) In these Regulations references to—

(a) a tenant are to an introductory tenant;

(b) a landlord are to a local housing authority which has elected to operate an introductory tenancy regime; and

(c) a decision are to a decision to extend a trial period.

Right to review by way of oral hearing
    2.—(1) Where the tenant so requests, a review under section 125B of the Housing Act 1996 of a decision must be by way of an oral hearing.

    (2) Any such request must be made to the landlord before the end of the time permitted under subsection (1) of that section (time permitted for requesting review).

Notice of review
    3.The landlord must give the tenant at least ten clear days' notice of—

(a) the date of a review; and

(b) in the case of a review by way of oral hearing, the time and place of the review.

Persons who may carry out reviews
    4.—(1) A review must be carried out by a person who was not involved in the decision.

    (2) Where the review is of a decision made by an officer of the landlord and is to be carried out by another officer, the officer reviewing the decision must occupy a position within the organisation of the landlord which is senior to that of the officer who made the decision.

Written representations at review
    5.—(1) Whether or not the review is to be by way of oral hearing, the tenant may make written representations to the landlord in connection with the review.

    (2) Such representations must be received by the landlord not less than two clear days before the date of the review.

    (3) The landlord must consider any such representations which are received by that date.

Procedure to be followed at hearing
    6.—(1) Subject to the provisions of these Regulations, the procedure at review by way of oral hearing is to be determined by the person who carries it out.

    (2) The tenant has the right—

(a) to be heard and to be accompanied or to be represented by another person;

(b) to call persons to give evidence at the hearing; and

(c) to put questions to any person who gives evidence at the hearing.

    (3) Any representative of the tenant is to have the same rights and powers as the tenant has under these Regulations.

Absence of tenant or representative from hearing
    7.Where the landlord has given notice in accordance with regulation 3 of a review by way of an oral hearing and neither the tenant nor the tenant's representative attends on the date, and at the time and place notified, the person carrying out the review may—

(a) proceed with the hearing; or

(b) make such directions with a view to the conduct of the review as that person considers appropriate, taking into account all relevant circumstances including any explanation offered for the absence.

Postponement of hearing
    8.—(1) Where the landlord has given notice in accordance with regulation 3 of a review by way of an oral hearing and the tenant requests a postponement, the landlord may grant or refuse the request as it sees fit.

    (2) If the hearing is postponed, the landlord must give the tenant reasonable notice of the time, date and place of the reconvened hearing.

Adjournment of hearing
    9.—(1) The person carrying out a review by way of an oral hearing may adjourn it at any time on that person's own initiative, at the request of the tenant, the tenant's representative or the landlord.

    (2) If such a review is being carried out by more than one person and any of those persons are absent, the hearing must be adjourned, unless the tenant or the tenant's representative agrees otherwise.

    (3) If such a review is adjourned part-heard and the person carrying out the reconvened hearing is not the person who carried out the previously adjourned hearing, then a complete rehearing must be carried out unless the tenant or the tenant's representative agrees otherwise.

    (4) If such a review is adjourned, the landlord must give the tenant reasonable notice of the date, time, and place of the reconvened hearing.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[2]


D. Elis-Thomas
The Presiding Officer of the National Assembly

14 November 2006

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Chapter 1 of Part 5 of the Housing Act 1996 establishes a regime of introductory tenancies which local housing authorities may elect to operate. Where such a regime operates, the tenancy is an "introductory tenancy" until the end of the trial period which is for a period of one year.

Section 179 of the Housing Act 2004 amends that Chapter to allow local housing authorities which have elected to operate an introductory tenancy regime to extend the trial period in individual cases for a period of six months.

If a landlord wishes to extend an introductory tenancy, it must serve the tenant with a notice of extension which sets out the reasons for the landlord's decision and tells the tenant of the right to request a review of the landlord's decision and the time in which such a request must be made. These Regulations make provision in respect of the procedures to be followed in such a review.

Regulation 2 provides that the tenant is entitled to request an oral hearing and sets out how this right is to be exercised.

Regulation 3 requires the landlord to give the tenant notice of the review.

Regulation 4 provides that the review must be carried out by a person who was not involved in the original decision. If the person carrying out the review and the person who made the decision to extend the trial period are both officers of the landlord, the person carrying out the review must hold a position in the landlord's organisation senior to the person who made the original decision.

Regulation 5 sets out the requirements in relation to written representations at the review.

Regulations 6 to 9 set out the procedures to be followed during a review by way of an oral hearing.

A regulatory appraisal of the effects that this Order will have is available from the Social Housing, Regulation and Investment Unit, Department for Social Justice and Regeneration, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone: 02920825111); email HousingIntranet@wales.gsi.gov.uk).

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Notes:

[1] 1996 c.52; section 125B was inserted by section 179 of the Housing Act 2004 (2004 c.34). The functions of the Secretary of State under Part 5 of the Housing Act 1996 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by Article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (to which there are amendments not relevant to these Regulations) and section 267 of the Housing Act 2004.back

[2] 1998 c.38.back

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Cymraeg (Welsh)

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ISBN 0 11 091464 3

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