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Written hearing

This content applies to England

A look at the procedure for a written hearing.

Criteria

A review by written representation will take place where the tenant:

  • has requested a review by written representations;
  • has not requested a review by oral hearing; or
  • has requested a review by oral hearing but has not done so within the time limit of 14 days of receiving the notice of intent.

Within 21 days of receiving the notice of intent the tenant must send the local authority any evidence they wish to be taken into account. Where the authority receives information from the tenant, and wishes to respond, it must send its response to the tenant within 14 days of receipt of the information.

The review

When reviewing the original decision to serve a notice to quit, the review must take account of:

  • the notice of intent;
  • any evidence submitted prior to the hearing;
  • any representations received from any person providing behavioural support to the tenant; and
  • any other information considered to be relevant.


The tenant must be notified of the review decision in writing within either.

  • 28 days of the serving of the notice of intent - if the tenant did not submit evidence prior to the hearing.
  • 14 days of the submission of the tenant's response - if the tenant did submit evidence and the local authority responded to it.
  • 28 days of the authority receiving the evidence - if the tenant did submit evidence but the authority did not submit a response to it.[1]

[1] reg 5 Family Intervention Tenancies (Review of Local Authority Decisions)(England) Regulations 2008 SI 2008/3111.

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