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Requirements

This content applies to England

A local authority must serve a written notice of intent on the tenant, informing her/him of the right request a review before the local authority serves a notice to quit to end a family intervention tenancy (FIT).

Possession would normally be sought where the household has refused to accept the support outlined in their behaviour support agreement and there has been no significant change in their behaviour. Possession proceedings may also be started for other reasons, such as non-payment of rent, although the guidance suggests that this should be 'extremely rare' as the household will be in receipt of intensive support.[1]

Social landlords should follow the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings

Notice of intent

A local housing authority must not serve a notice to quit on a tenant with a FIT unless they have served notice of intent on the tenant, and:

  • either the tenant has not requested a review within 14 days beginning with the service of the notice; or
  • any request to conduct a review has been withdrawn; or
  • the local authority has served a notice on the tenant informing the tenant of the review decision and the reasons for it. [2]

The notice of intent given by the local authority will contain the following:

  • a statement that the authority has decided to serve a notice to quit on the tenant;
  • the effect of serving a notice to quit;
  • the reasons for the authority's decision;
  • when the authority is intending to serve the notice to quit; and
  • that the tenant has the right to request within 14 days, a review of the authority's decision.[3]

Review procedure

The reviewing officer must not be a person who was involved in the original decision to serve a notice to quit, and must hold a more senior position in the authority than the officer who made the original decision.[4]

The tenant can request a review by oral hearing or by written representation.

[1] paras 37/38 Guidance on the use of Family Intervention Tenancies, January 2009.

[2] s.298(1) Housing and Regeneration Act 2008

[3] s.298(2) Housing and Regeneration Act 2008.

[4] reg 3 Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008 SI 2008/3111.

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