Flexible Tenancies Reviews
The Localism Act 2011 gives local authorities and other registered providers of social housing greater flexibility in the types of tenancy they may grant and in doing so amended the Housing Act 1985. In particular, such landlords are able to grant fixed-term tenancies for a minimum period of two years.
Security of Tenure
Every local authority in England and Wales must publish a tenancy strategy that sets out the policies on which flexible tenancies will be issued. Each tenancy strategy should make clear:
The kinds of tenancies that they grant;
The circumstances in which they will grant a tenancy of a particular kind;
Where they grant tenancies for a certain term, the lengths of the terms; and
The circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy.
Review on granting tenancy
Before granting a flexible tenancy the authority must serve written notice on the tenant informing them that it will be such a tenancy. Before commencement of the tenancy the proposed tenant may request a review of the length of the term of the tenancy if he does not believe that the offer is in line with the policies set out in the tenancy strategy (Section 107B).
Review of decision to seek possession
If the authority do not wish to grant a new tenancy at the end of the fixed term, they must - at least six months’ before the expiry of the tenancy - give the tenant notice to that effect, with reasons, and inform the tenant of his right to request a review of the decision.
Before seeking possession, the authority must give the two months’ notice stating that they require possession. Provided that this notice was served, a court may only refuse to grant a possession order if it considers that the authority failed to carry out the review in accordance with the relevant provisions or “the decision on the review is otherwise wrong in law” (Section 107E).
To meet the needs of local authorities we now carry out flexible tenancies reviews.