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- Where tenants don’t bid, essential repair transfer cases are entitled to a maximum of three reasonable direct offers. If the resident has refused these the NHO can start legal proceedings to gain possession under Ground 10, Schedule 2 of the Housing Act 1985. This applies to all essential repair cases including under occupiers.
- Full reasons for refusal needs filing on their file.
- After two reasonable offers, it is best to write to the tenant to advise them that the next offer will be their last and that legal proceedings may commence should they refuse this. Inform the accommodation placement manager. After a third refusal, commission legal for their advice and action. Legal may advise holding onto an offer so that the Council’s position is strengthened at any court hearing.
- If the case goes to court the Council will need to show that the offers made were reasonable. If an offer is being held open for the tenant, the officer attending court will need full details of the property ideally including photographs of the interior.