Section 107B — Housing Act 1985: Review of decisions relating to flexible tenancies

Review of decisions relating to flexible tenancies 107B 1 This section applies if a person (“the prospective landlord”)—

a offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or b serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.

2 A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.

3 The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.

4 A request for a review must be made before the end of—

a the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or b such longer period as the prospective landlord may in writing allow.

5 On a request being duly made to it, the prospective landlord must review its decision.

6 The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.

7 The regulations may, in particular, make provision—

a requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and b as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.

8 The prospective landlord must notify the person concerned in writing of the decision on the review.

9 If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.

10 Regulations under this section—

a may contain transitional or saving provision;

b are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.