Introductory tenancy appeals

The Housing Executive can evict you before the end of your 12 month introductory tenancy using a legal procedure if it decides that you, a member of your family or someone visiting your property has been guilty of antisocial behaviour or you have serious rent arrears.

You can ask for a review of the decision within 14 days of receiving the Notice to Terminate.

When can the Housing Executive end an introductory tenancy?

The Housing Executive can end your introductory tenancy if you break the terms of your tenancy agreement.

The Housing Executive can use a formall procedure to end your introductory tenancy if it believes that you, a member of your family, someone visiting your property has been guilty of antisocial behaviour. This means that:

there has been excessive noise,
there have been threats of violence or actual violence,
the property has been used as a brothel,
the property has been used to supply drugs,
the property has been allowed to get into bad condition,
a dog hasn't been kept under control.

The Housing Executive can also end your introductory tenancy if you have abandoned the property, or you have built up rent arrears.

What happens if the Housing Executive wants to end my introductory tenancy?

The Housing Executive must serve a Notice to Terminate. This notice must:

tell you that an application for possession is being sought,
tell you which court will look at your case,
tell you the reasons why the Housing Executive is looking for possession,
tell you when possession proceedings will begin (at least 28 days),
tell you that you can ask for a review,
tell you when the review will be completed and when you can expect to hear the result,
tell you where to go to get help and advice.

The review hearing is usually your only chance to stop the Housing Executive evicting you.

The Housing Executive can't continue with the possession proceedings until:

you tell them whether or not you want a review,
the amount of notice you were given has ended

You must tell the Housing Executive whether you want a review within 14 days.

What happens at the review?

You can ask for either a paper hearing or an oral hearing. It is usually best to ask for an oral hearing, especially if you feel that the Housing Executive has not considered your circumstances. Get specialist advice if you are planning to appear at your review.

Paper hearing

At a paper hearing you do not have to attend the review. Your review is decided on the basis of the written information that you and the Housing Executive have submitted.

Oral hearing

At an oral review you have the chance to explain your case in person.

Who will be on the review panel?

The people on the review panel must not have been involved in the decision to ask for a Notice to Terminate. Your review panel will usually include a Housing Executive Area Manager. There may only be one person on your review panel.

Will I have to represent myself?

You can ask a friend or adviser to represent you at the review. You can also ask a solicitor to represent you.

What can the review panel decide?

The review panel can decide to uphold the Housing Executive's decision. The Housing Executive will then apply to the court to ask for possession of the property. If the Housing Executive follow the correct procedures the judge must give it possession of your property.

If the review panel decides that the Housing Executive made an incorrect decision your introductory tenancy will continue as normal. If there are no further incidents of antisocial behaviour your tenancy will become secure one year after you started your tenancy.

What if I don't agree with the decision?

If you don't agree with the decision you may be able to apply for a judicial review. Judicial review is a very complicated process and you should get advice if you are considering this option. An adviser can tell you whether you have a good case and can help with practical matters such as filling in court forms and preparing for hearings.

Can I ask the court to look at the decision again?

The court must give the Housing Executive possession of your home if:

you have been given a Notice to Terminate,
you have had the chance to go to a review hearing,
you have been given at least 28 days' notice.

The court can't look into the reasons for the decision. However, if the court decides that the Housing Executive hasn't followed the correct procedures it can stop the proceedings to allow you to apply for a judicial review.