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Termination by a PRPSH: Family intervention tenancy

This content applies to England

How private registered providers of social housing can terminate a family intervention tenancy.

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

How to terminate

A family intervention tenant (FITs) only has the basic protection provided under the Protection from Eviction Act. They can be terminated by the landlord serving a minimum of 28 days' notice to quit. If the tenant fails to vacate a property after the expiry of the notice to quit, the landlord must then apply to the county court for a possession order.

Review of the decision

There is no statutory requirement for a landlord to offer the tenant a review of their decision to serve a notice to quit.

Government guidance states that it expects private registered providers of social housing (PRPSHs) to give families the opportunity to address the reason why their tenancy is being terminated before serving a notice to quit, unless it is inappropriate. The draft guidance also expresses a view that PRPSHs may wish to offer a tenant the opportunity to review in order to ensure that the decision to terminate the tenancy is well-founded.

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

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