Demoted Tenancies (Review of Decisions)(Wales) Regulations 2005 (S.I. No. 1679 of 2004)

The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 file:///D/HTML/uk61028.htm[16.01.2025 11:49:09] Welsh Statutory Instrument 2005 No. 1228 (W.86) The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 © Crown Copyright 2005 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. 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Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2005 No. 1228 (W.86) HOUSING, WALES The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 Made 26 April 2005 Coming into force 30 April 2005 The National Assembly for Wales, in exercise of the powers conferred upon it http://www.opsi.gov.uk/bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110911199 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 file:///D/HTML/uk61028.htm[16.01.2025 11:49:09] by section 143F(3) and (4) of the Housing Act 1996[1], makes the following Regulations: Name, commencement and application 1. - (1) These Regulations are called the Demoted Tenants (Review of Decisions) (Wales) Regulations 2005 and come into force on 30 April 2005. (2) These Regulations apply in relation to dwelling-houses in Wales. Persons who may carry out reviews 2. - (1) A review under section 143F of the Housing Act 1996 of a decision to seek an order for possession of a dwelling-house let under a demoted tenancy ("the review") must be carried out by a person who was not involved in that decision. (2) Where the review is of a decision made by an officer of the landlord and is to be carried out by an another officer, the officer reviewing the decision must occupy a more senior position within the organisation of the landlord. Notice of review 3. The landlord under the demoted tenancy must give the tenant not less than five clear days' notice of the date of the review. Right to an oral hearing 4. - (1) Where the tenant so requests, the review must be by way of an oral hearing. (2) Any such request must be made to the landlord before the end of the period mentioned in subsection (1) of section 143F of the Housing Act 1996 (time permitted for requesting a review). (3) If the tenant makes such a request the landlord must, when giving the tenant notice of the date of the review in accordance with regulation 3, also inform the tenant of the time and place at which the review will be heard. Written representations 5. Whether or not the review is to be by way of an oral hearing (a) the tenant may make written representations to the landlord in connection with the review; (b) such representations must be received by the landlord not less than two clear days before the date of the review; and (c) the landlord must consider any such representations which are received by that date. Review by way of an oral hearing 6. - (1) Where the review is to be by way of an oral hearing, the tenant has the right to be heard and to be accompanied or to be represented by another person (whether or not that person is professionally qualified). (2) The tenant or the tenant's representative may (a) call persons to give evidence at the hearing; http://www.opsi.gov.uk/legislation/wales/wsi2005/20051228e.htm#note1 The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 file:///D/HTML/uk61028.htm[16.01.2025 11:49:09] (b) put questions to any person who gives evidence at the hearing. (3) Subject to these Regulations, the procedure in connection with a review by way of an oral hearing is to be determined by the person carrying out the review. Absence of tenant and representative from hearing 7. - (1) This paragraph applies where notice has been given to the tenant in accordance with regulations 3 and 4(3) and neither the tenant nor the tenant's representative appears at the hearing. (2) Where paragraph (1) applies, the person carrying out the review may, having regard to all the circumstances (a) proceed with the hearing; or (b) give such directions with a view to the conduct of the review as that person considers appropriate. Postponement of hearing 8. - (1) The tenant may request the landlord to postpone a hearing of which notice has been given in accordance with regulations 3 and 4(3) and the landlord may grant or refuse the request. (2) If the hearing is postponed the landlord must give the tenant reasonable notice of the date, time and place of the postponed hearing. Adjournment of hearing 9. - (1) A hearing may be adjourned by the person carrying out the review at any time, either on that person's own initiative or at the request of the tenant, the tenant's representative or the landlord. (2) Where more than one person is carrying out the review by way of an oral hearing, the hearing must be adjourned on each occasion on which any of those persons is absent, unless the tenant or the tenant's representative agrees otherwise. (3) The landlord must give the tenant reasonable notice of the date, time and place of the adjourned hearing. (4) If the person carrying out the review at the adjourned hearing is not the same person as the person who was carrying out the review at the earlier hearing, the review must proceed by way of a complete rehearing of the case unless the tenant or the tenant's representative agrees otherwise. 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 26 April 2005 http://www.opsi.gov.uk/legislation/wales/wsi2005/20051228e.htm#note2 The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 file:///D/HTML/uk61028.htm[16.01.2025 11:49:09] EXPLANATORY NOTE (This note is not part of the Regulations) Section 14 of the Anti-social Behaviour Act 2003 amended Part 4 of the Housing Act 1985 (c. 68) to allow a secure tenancy of a local housing authority, a housing action trust or a registered social landlord to be brought to an end and replaced with a less secure demoted tenancy by a demotion order made by a county court. Schedule 1 to the 2003 Act inserted further provisions regarding demoted tenancies as a new Chapter 1A of Part 5 of the Housing Act 1996. If a landlord wishes to end a demoted tenancy it must serve the tenant with a notice stating that the landlord has decided to apply to the court for an order for possession, setting out the reasons for that decision and informing the tenant of the tenant's right to request a review of the decision. These Regulations make provision about the procedure to be followed in such a review. Regulation 2 provides that a review must be undertaken by a person who was not involved in the original decision. If the original decision was made by an officer then any review of that decision by another officer may only be carried out by an officer occupying a more senior position within the landlord's organisation than the officer who made the original decision. Regulation 3 requires the landlord to give the tenant notice of the date of the review. Regulation 4 enables the tenant to obtain an oral hearing in certain circumstances and explains how that right may be exercised. Regulations 5 to 9 set out the details of the review procedure. Notes: [1] 1996 c.52; section 143F was inserted by section 14 of and Schedule 1 to the Anti-social Behaviour Act 2003. 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 17 of the Anti-social Behaviour Act 2003.back [2] 1988 c.38back Cymraeg (Welsh) ISBN 0 11 091119 9 http://www.opsi.gov.uk/legislation/wales/wsi2005/20051228e.htm#n1 http://www.opsi.gov.uk/legislation/wales/wsi2005/20051228e.htm#n2 http://www.wales-legislation.hmso.gov.uk/legislation/wales/wsi2005/20051228w.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/wsi2005/20051228w.htm The Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 file:///D/HTML/uk61028.htm[16.01.2025 11:49:09] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2005 Prepared 4 May 2005 http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/ http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm