Probationary tenancies

Probationary Tenancies

In December 2007 the LBHF agreed the decision to start using Introductory Tenancies. All relevant tenancies with a tenancy commencement date on or after Monday 7th January 2008 will be Introductory Tenancies. These tenancies will be known as Probationary Tenancies by LBHF & H&F Homes.

This does not affect anyone who has a tenancy which started before 7th January 2008.

Background

The Housing Act 1996, Part V introduced the provisions and powers for a local housing authority "to elect to operate" an Introductory Tenancy Scheme. The provisions of the Act came into force on the 12 February 1997.

Probationary tenancies were originally designed to support strategies for dealing with anti-social behaviour. However, probationary tenancies may be ended for any breach of the tenancy conditions.

What are Probationary Tenacies?

Probationary tenants have to keep to the conditions as detailed in the tenancy agreement which are in essence the same as those for secure tenants.

The key difference relates to the action that can be taken by H&F Homes to deal with breaches of the tenancy conditions. Probationary tenants can be evicted more easily than secure tenants. If legal action is taken against a Probationary tenant, the court must grant H&F Homes possession.

Probationary Tenants do have a right to ask for a review when a legal notice is served. This is heard by an officer of H&F Homes who has not been previously involved with the case. If the review is refused, the probationary tenant has no further right of appeal other than Judicial review.

How long are Probationary Tenacies?

A probationary tenancy lasts for 12 months. However this can be extended once for an additional period of 6 months, if officers consider it necessary.

If the probationary tenant completes the trial period satisfactorily and no possession proceedings have been issued, then the tenancy will automatically become secure upon the anniversary date of the commencement of the trial period.

For more details, please see our booklet 'Probationary tenancies – A guide for new tenants'

Click here to view / print a copy of the Tenancy Agreement