Section 81D — Housing and Planning Act 2016: Review of decisions about length of secure tenancies in England

Review of decisions about length of secure tenancies in England 81D 1 A person who is offered a secure tenancy of a dwelling-house in England (under section 81C or otherwise) may request a review under this section, unless the tenancy on offer is an old-style secure tenancy.

2 The sole purpose of a review under this section is to consider whether the length of the tenancy is in accordance with any policy that the prospective landlord has about the length of secure tenancies it grants.

3 The request must be made before the end of—

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

4 On receiving the request the prospective landlord must carry out the review.

5 On completing the review the prospective landlord must —

a notify the tenant in writing of the outcome, b revise its offer or confirm its original decision about the length of the tenancy, and c if it decides to confirm its original decision, give reasons.

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—

a require the review to be carried out by a person of appropriate seniority who was not involved in the original decision;

b make provision as to the circumstances in which the person who requested the review is entitled to an oral hearing, and whether and by whom that person may be represented.

8 Regulations under this section may include transitional or saving provision.

9 Regulations under this section are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.