154CScheme for recording strikes against tenant for breaches

154C Scheme for recording strikes against tenant for breaches

154C Scheme for recording strikes against tenant for breaches

(1) If a landlord under a social housing tenancy agreement is satisfied that a tenant has breached the agreement but is not satisfied that the circumstances of the breach taken alone justify termination of the agreement, the landlord may issue a strike notice to the tenant and record a strike against the tenant.

(2) A strike notice—

(a) must be in writing, and

(b) must inform the tenant that a strike has been recorded against the tenant, and

(c) must set out details of the alleged breach of the agreement for which the strike has been recorded, and

(d) must remind the tenant of any strikes that have been recorded (and not withdrawn) against the tenant within the previous 12 months (including strikes recorded for breach of a prior social housing tenancy agreement with the same or, to the extent that relevant information is known by the landlord, a different landlord), and

(e) must warn the tenant that, if a third strike is recorded against the tenant within 12 months, a termination notice may be given to the tenant, and

(f) must inform the tenant that, if the tenant disagrees with the statement of details of the alleged breach of the agreement for which the strike has been recorded, or any aspect of those details, the tenant should make submissions to the landlord setting out the grounds of the disagreement, and

(g) must specify how the submissions may be made and the date before which they must be made (being a date not less than 21 days after the date of the strike notice), and

(h) must inform the tenant that, if the tenant does not make any such submissions, the details of the alleged breach of the agreement set out in the strike notice will be taken, in proceedings before the Tribunal, to have been conclusively proved and the tenant will not be able to challenge the accuracy of those details.

(3) A landlord may withdraw a strike against a tenant at any time.

(4) If, after considering submissions made by a tenant as set out in a strike notice, the landlord decides not to withdraw the strike, the landlord must give the tenant a notice in writing—