Challenging community landlord decisions
If you disagree with a community landlord’s decision you might be able to ask the landlord or the county court, to look at it again. This is called ‘asking for a review’.
What decisions can community landlords review?
You have the right to ask your landlord to review their decisions to:
- extend the introductory period of an introductory standard contract
- extend the probation period of a prohibited conduct standard contract
- give a ‘no fault’ or serious rent arrears notice to end an introductory standard contract
- give a ‘no fault’ or serious rent arrears notice to end a prohibited conduct standard contract
How do I ask for a review?
If you have a right to a review, you usually have to ask for the review within 14 days of receiving the decision, so it is important that you act quickly. The date will start from the date that you receive the letter, not the date printed on the letter. It is always a good idea to keep the letter and envelope in case there is any dispute about when you received it.
Where possible, it is always best to ask for any review in writing and keep a copy of the letter.
If you want to ask for a review after 14 days has passed, get help immediately. It will be up to your landlord to decide whether to accept a late request so make sure you explain the reasons why you did not ask for the review within the 14 days.
It’s always best to get legal advice if you want to ask for a review. Contact Shelter Cymru for help and advice.
What will happen during the review?
Once your landlord receives a request for a review, they must write to you and ask you to send in further supporting information. You should be given at least 5 days to do this. This is your chance to give your landlord more information about your situation and the reasons why you disagree with their decision.
Your landlord might deal with the review by looking at all of the documents but, if you prefer, you can ask for the review to be carried out by a hearing, or you can agree for it to be done virtually (for example by video-link or telephone).
If the review is going to be dealt with by a hearing your landlord should write to you with details of where it is going to be held and give you at least 10 days’ notice. You can take someone with you to the hearing to help you and ask questions if you want.
The review has to be carried out by someone who wasn’t involved in the original decision.
How will I find out about the review decision?
Once the review has been completed, your landlord should tell you the decision they have made. If the decision is unfavourable they should write to you and tell you the reasons for the decision.
If the outcome of the review is still to extend an introductory standard or prohibited conduct standard contract, then the letter must also tell you that you can apply to the court court for a further review within 14 days.
If you think the review decision is wrong or if you don’t get a decision letter by the time the original introductory or probation period ends get help. You may be able to apply for a county court review.
Asking the county court for a review
Some community landlord decisions can be reviewed by a county court. These are:
- a review decision confirming the extension of an introductory standard contract
- a review decision confirming the extension of the probation period of a prohibited conduct standard contract
- a decision to serve a ‘section 13 notice’ informing you that you have a standard contract
- a decision not to give a supported standard contract in supported accommodation
- a decision by a community landlord or private landlord to refuse to give consent to do some things that are allowed by the contract (e.g. add a joint contract-holder)
Most court applications must be made within 14 days of the decision so it is important that you get help quickly if you want to do this. You will only be allowed to make an application to court after 14 days if you have a good reason for missing the deadline.
If you have a prohibited conduct standard contract, you can also apply to end the probation period early if you think this type of contract is no longer necessary, or you have not been offered support in relation to preventing the antisocial behaviour.
Applying to court in the above situations can be complicated so always get help if you are thinking of doing this.
Asking for a county court review during eviction proceedings
In some circumstances you can ask the county court to review the decision to evict you. This applies if:
- you have an introductory standard contract or a prohibited conduct standard contract and are being evicted using the ‘no fault’ procedure
- you have an introductory standard contract or a prohibited conduct standard contract and are being evicted for serious rent arrears
- you gave notice to end the contract but didn’t move out and your community landlord is claiming possession
- you have another type of standard contract with a community landlord and are being evicted using a ‘no fault’ notice or for serious rent arrears