Review Requirements – S84

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Requirements

Pre-Action

Pre-action Review requirements under S85ZA with respect to possession claims made under S84A Housing Act 1985?

Please follow the steps below

1 Tenant can request a review of a landlord’s decision to seek an order for possession under Section 84A Housing Act 1985

A tenant may request a review of a landlord’s decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to:

(a) a local housing authority

or

(b) a housing action trust

2 The tenant’s request for a review must be made within a period of 7 days beginning on the day on which the relevant Notice was served

Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.

3 If the request is made in time, the Landlord must review its decision

On a request being duly made to it, the landlord must review its decision of seeking possession under Section 84A Housing Act 1985

4 The landlord must notify the tenant in writing of the decision on the review

The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.

5 The landlord must notify the tenant in writing of the decision on the review

The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.

6 If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision

The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.

7 The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.

The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.

FAQ

Find Your Question Here

What is the effect if the Review requirements under S85ZA are not followed with respect to possession claims made under S84A Housing Act 1985?

What is the effect?

Compliance with the review process outlined in Section 85ZA is mandatory for landlords when a tenant requests it within the specified timeframe. Non-compliance by the landlord can invalidate possession proceedings under Section 84A Housing Act 1985 the absolute ground for anti-social behaviour.

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