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Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

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Building a Housing Ladder of Opportunity –Tenancy StrategyAnnex C - Review Procedure relating to Flexible tenanciesWhen considering decision reviews, the Council will comply with theprovisions of the Flexible Tenancies (Review Procedures) Regulations <strong>2012</strong>(Statutory Instrument <strong>2012</strong>/695) which are summarised below:There are 2 types of statutory review:• A person who has been offered a flexible tenancy by the Council, orwho has been served with a notice stating that they will have a flexibletenancy when their introductory tenancy comes to an end, may seek areview of the decision about the length of the flexible tenancy.• A tenant may request a review of a decision by the Council not to grantanother tenancy on the expiry of a flexible tenancy and to seekpossession.The request for a review must be made within 21 days of the offer or noticeand should be sent to the area housing office. A proforma will be madeavailable to the tenant which will enable him/her to make their request whichmust state:• The Applicant’s or name and address• The date of the offer or notice• Whether the Applicant requires an Oral hearing• Whether the Applicant will agree to receive communications about thereview by email and if so an email address.and• If the review is about the length of the flexible tenancy the Applicantmust give a statement of the reasons why the applicant considers thelength of the tenancy does not accord with the Council’s Policy;• If the review is about a decision to seek possession the Applicant mustgive a statement of the grounds for the review.Reviews will be conducted by a senior officer to the housing managementofficer who made the original decision.Review without a hearingThe Reviewing Officer will write to the Applicant giving him or her at least 5working days to make written representations in support of the application.The Reviewing Officer will make a decision taking into account anyrepresentations received from the Applicant and the Council’s policy. Noticewill be sent to the Applicant within 5 working days confirming the decision. Ifthe decision is to confirm the original decision about the length of the tenancyor to seek possession, the notice will give reasons for the decision19Page 444

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