Section 86C — Housing and Planning Act 2016: Reconsideration of decision not to grant a tenancy

Reconsideration of decision not to grant a tenancy 86C 1 Where a tenant is notified that the outcome of a review under section 86A is that the landlord has decided to seek possession of the dwelling-house at the end of the current tenancy, the tenant may request the landlord to reconsider its decision.

2 The request must be made before the end of the period of 21 days beginning with the day on which tenant was notified of the decision.

3 On receiving the request, the landlord must reconsider its decision.

4 The landlord must, in particular, consider whether the original decision is in accordance with any policy that the landlord has about the circumstances in which it will grant a further tenancy on the coming to an end of an existing fixed term tenancy.

5 Once the landlord has reconsidered the decision the landlord must—

a notify the tenant in writing of the outcome, b revise or confirm its original decision, 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 reconsidering a decision for the purposes of this section.

7 The regulations may, in particular—

a require the original decision to be reconsidered by a person of appropriate seniority who was not involved in the original decision, and b make provision as to the circumstances in which the person who requested the landlord to reconsider the original decision 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.