Housing (Miscellaneous Provisions) Act 2014

Application to court in respect of tenancy terminated under section 15

16. (1) Where a person—

(a) was, immediately before the termination of a tenancy, the tenant of a dwelling to which section 15 relates, and

(b) is aggrieved by the termination of that tenancy, then the person (in this section referred to as the “applicant”) may make application to the District Court in respect of the termination of the tenancy within 6 months after the date of that termination.

(2) Subsection (3) applies where, in proceedings under this section, it appears to the District Court—

(a) that the housing authority—

(i) had failed to comply with any provision of subsections (1) and (2) of section 15 , or

(ii) did not have reasonable grounds for finding that—

(I) the dwelling was unoccupied by the applicant’s household, or

(II) the applicant’s household did not intend to occupy the dwelling as its normal place of residence,

or

(b) that the housing authority was in error in finding that the applicant’s household did not intend to occupy the dwelling as its normal place of residence, and that the applicant had reasonable cause, by reason of illness or otherwise, for failing to notify the housing authority of his or her household’s intention to so occupy it.

(3) Where this subsection applies, the District Court shall—

(a) if the dwelling has not been let to a new tenant and continues to be a dwelling to which this Part applies, grant a declaration that the notice under section 15 (2) bringing the tenancy agreement to an end is of no effect, or

(b) in any other case, direct the housing authority to allocate another dwelling in respect of the applicant’s household that is suitable for his or her adequate housing, and that is located as near as practicable to the dwelling in which the tenancy was terminated under section 15 .