Localism Bill (HL Bill 71)

(5) 80A notice under subsection (4) may be given before or on the day on
which the tenancy comes to an end.

(6) The court may refuse to grant an order for possession under this section
if—

(a) the tenant has in accordance with section 107E requested a
85review of the landlord’s proposal not to grant another tenancy
on the expiry of the flexible tenancy, and

(b) the court is satisfied that the landlord has failed to carry out the
review in accordance with provision made by or under that
section or that the decision on the review is otherwise wrong in
90law.

(7) If a court refuses to grant an order for possession by virtue of
subsection (6) it may make such directions as to the holding of a review
or further review under section 107E as it thinks fit.

(8) This section has effect notwithstanding that, on the coming to an end of
5the flexible tenancy, a periodic tenancy arises by virtue of section 86.

(9) Where a court makes an order for possession of a dwelling-house by
virtue of this section, any periodic tenancy arising by virtue of section
86 on the coming to an end of the flexible tenancy comes to an end
(without further notice and regardless of the period) in accordance with
10section 82(2).

(10) This section is without prejudice to any right of the landlord under a
flexible tenancy to recover possession of the dwelling-house let on the
tenancy in accordance with this Part.

107E Review of decision to seek possession

(1) 15A request for a review of a landlord’s decision to seek an order for
possession of a dwelling-house let under a flexible tenancy must be
made before the end of the period of 21 days beginning with the day on
which the notice under section 107D(3) is served.

(2) On a request being duly made to it, the landlord must review its
20decision.

(3) The review must, in particular, consider whether the decision is in
accordance with any policy of the landlord as to the circumstances in
which it will grant a further tenancy on the coming to an end of an
existing flexible tenancy.

(4) 25The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this
section.

(5) The regulations may, in particular, make provision—

(a) requiring the decision on the review to be made by a person of
30appropriate seniority who was not involved in the original
decision, and

(b) as to the circumstances in which the person concerned is
entitled to an oral hearing and whether and by whom the
person may be represented at such a hearing.

(6) 35The landlord must notify the tenant in writing of the decision on the
review.

(7) If the decision is to confirm the original decision, the landlord must also
notify the tenant of the reasons for the decision.

(8) The review must be carried out, and the tenant notified, before the date
40specified in the notice of proceedings as the date after which
proceedings for the possession of the dwelling-house may be begun.

(9) Regulations under this section—

(a) may contain transitional or saving provision;

(b) are to be made by statutory instrument which is subject to
45annulment in pursuance of a resolution of either House of
Parliament.”