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Introductory Tenants (Review) Regulations (Northern Ireland) 2003

S.R. 2003/410 · Made 15 September 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING

Made 15th September 2003

Coming into operation 1st November 2003

The Department for Social Development, in exercise of the powers conferred on it by Article 11(3) and (4) of the Housing (Northern Ireland) Order 2003f1 and of every other power enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 2003/412 (N.I. 2); see Article 2(2) for the definitions of “the Department” and “the Executive”

Contents

  1. 1Citation, commencement and interpretation
  2. 2Right to a hearing
  3. 3Who is to carry out the review
  4. 4Review without a a hearing
  5. 5Review by way of a hearing
  6. 6Notice of hearing
  7. 7Absence of tenant at hearing
  8. 8Postponement of hearing
  9. 9Adjournment of hearing
  10. 10Absence of person hearing the review
  11. Signature
  12. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Introductory Tenants (Review) Regulations (Northern Ireland) 2003 and shall come into operation on 1st November 2003.

(2)

In these Regulations –

(a)

“tenant” means introductory tenant; and

(b)

“landlord” means the Executive or a registered housing association, where the Executive or registered housing association has elected to operate an introductory tenancy regime.

2Right to a hearing

The review under Article 11 of the Housing (Northern Ireland) Order 2003 of the decision to seek an order for possession of a dwelling-house let under an introductory tenancy shall not be by way of an oral hearing unless the tenant informs the landlord that he wishes to have such a hearing before the end of the time permitted under paragraph (1) of that Article to request a review of that decision.

3Who is to carry out the review

The review shall be carried out by a person who was not involved in the decision to apply for an order for possession and is senior to the officer who made that decision.

4Review without a a hearing

If there is not to be a hearing, the tenant may make representations in writing in connection with the review and such representations shall be considered by the landlord who shall inform the tenant of the date by which such representations must be received, which shall not be earlier than five clear days after receipt of this information by the tenant.

5Review by way of a hearing

(1)

Subject to the provisions of this regulation, the procedure in connection with a review by way of a hearing shall be such as the person hearing the review shall determine.

(2)

A tenant who has requested a hearing has the right to –

(a)

be heard and to be accompanied and represented by another person whether that person is professionally qualified or not, and for the purposes of the proceedings any representative shall have the rights and powers which the tenant has under these Regulations;

(b)

call persons to give evidence;

(c)

put questions to any person who gives evidence at the hearing; and

(d)

make representations in writing.

6Notice of hearing

The landlord shall give the tenant notice of the date, time and place of the hearing, which shall be not less than five days after the receipt of the request for a hearing and if the tenant has not been given such notice, the hearing may only proceed with the consent of the tenant or his representative.

7Absence of tenant at hearing

If any person shall fail to appear at the hearing, notice having been given to him in accordance with regulation 6, the person conducting the review may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the conduct of the further review as that person may think proper.

8Postponement of hearing

A tenant may apply to the landlord requesting a postponement of the hearing and the landlord may grant or refuse the application as he sees fit.

9Adjournment of hearing

A hearing may be adjourned by the person hearing the review at any time during the hearing on the application of the tenant, his representative, or at the motion of the person hearing the review and, if a hearing is adjourned part heard and after the adjournment the person or persons hearing the review differ from those at the first hearing, otherwise than through the operation of regulation 7, proceedings shall be by way of a complete rehearing of the case.

10Absence of person hearing the review

Where more than one person is conducting the review, any hearing may, with the consent of the tenant or his representative but not otherwise, be proceeded with in the absence of one of the persons who is to determine the review.

Signature

Sealed with the Official Seal of the Department for Social Development on 15th September 2003.

L.S.

D. M. Crothers

A senior officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

Chapter II of Part II of the Housing (Northern Ireland) Order 2003 established a regime of introductory tenancies. If the landlord is to end such a tenancy he must provide the tenant with a notice stating that the landlord is applying to the court for an order for possession, setting out the reasons for this decision and informing the tenant of his right to request a review of this decision. These Regulations make provision about the procedure to be followed in such a review.

Regulation 2 provides that the tenant is entitled to a hearing and how this right is to be exercised. Regulation 3 provides that the review must be undertaken by a person who was not involved in the original decision. Regulations 4 to 10 set out the details of the procedure to be followed on the review.