An introductory tenancy is a probationary council tenancy lasting for a one-year trial period. Upon expiry of the trial period the tenancy becomes secure, unless proceedings for possession have been issued and are yet to be determined. The trial period can also be extended, upon notice by the landlord, for a further six months. The notice must be served at least eight weeks before the original expiry date of the trial period. The tenant then has a right to review the decision to extend the trial period, under section 125B of the Housing Act 1996 (HA 1996). The review must be requested within 14 days of the notice of extension being served (HA 1996, s 125B(1)). Upon such a request, the landlord must review the decision and then can decide whether or not to confirm the extension. This Q&A addresses the tenant’s right to seek a review of the decision, and whether the 14-day time limit can

Local authority In general terms, a local authority is subject to the ordinary principles of civil law and may be convicted of a criminal offence.  For an actionable breach of statutory duty claim to brought against a local authority, in the absence of express provision giving rise to a claim for damages, a claimant has to establish the following: • parliament imposed a statutory duty for a limited class of the public • breach of the duty should give rise to a private law action for damages Without a specific statutory regime for remedies such as prosecution, penalties or compensation, a common law action for damages may be difficult for breach of statutory duty although a civil remedy may still be possible. You may wish to consider the cases of X (Minors) v Bedfordshire County Council and Phelps v Hillingdon London

Local authority powers Local authorities are statutory corporations, created by Parliament as single legal entities, as described in Hazell v Hammersmith and Fulham: ‘local authority, although democratically elected and representative of the area, is not a sovereign body and can only do such things as are expressly or impliedly authorised by Parliament.’ When making a decision, each relevant statutory provisions and more general rules about corporations and public authorities need to be considered. Every local authority must, therefore, have statutory authority for all its actions. For further reading on relevant considerations, see Practice Note: Key considerations in local authority decision making. Section 1 of the Localism Act 2011 (LA 2011) sets out the Local authority’s general power of competence. The Competence Power gives specified English local authorities (which includes an English county or district council, as per LA 2011, s

A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols. The essential decision-making structure of a local authority is set out by the Local Government Act 1972. A local authority may make decisions as one corporate body of membership or it may delegate its functions, powers and duties to either a committee, a sub-committee, an officer or another local authority. For more information on how decisions are made by local authorities, we refer you to Practice Note: Structure of local government. The question of whether a local authority has the power to make a decision largely depends on whether they have acted in accordance with their own various schemes of delegation. If not, then they have acted ‘ultra vires’. For more information on the right of a

Parental responsibility For background, see the Parental responsibility subtopic in the Family module. The section ‘Acquisition by others’ explains that parental responsibility may be acquired by certain other categories of people specified in the Children Act 1989 including a person: • who is appointed as a guardian • who is named in a child arrangements order (CAO) as a person with whom the child is to live—they have parental responsibility while the order remains in force so far as providing for the child to live with that person • who is named in a CAO as a person with whom the child is to spend time or otherwise have contact but they are not named as the person with whom the child is to live—in those circumstances the court may provide in the order for the person to have parental responsibility for the child while the provisions in the order

If the property is residential then forced entry is prohibited. The High Court Enforcement Officer (HCEO) can only gain peaceable entry by any door. The HCEOs are permitted to check if a door has been

In England and Wales, the provisions relating to an attachment of earnings order are contained in the Attachment of Earnings Act 1971 (AtEA 1971) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39. Neither of these make direct provision as to enforcement against an overseas employer and overseas earnings by means of attachment of earnings. The question does not indicate whether the debtor resides in England/Wales or in Scotland. Each

In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39. Both provisions appear to be silent as to enforcement against an overseas employer and overseas earnings by the method of attachment of earnings. It would appear, therefore, that the appropriate method of enforcing a maintenance order made in this jurisdiction against a debtor working and living in another jurisdiction is via the Reciprocal Enforcement of Maintenance Order (REMO) process, and that attachment of earnings as a method of enforcement applies only to a debtor employed in this jurisdiction. See also Practice Note: Attachment of earnings order. Part I of the Maintenance

It is well-established that a court in England and Wales can, applying the law of this jurisdiction, order a party to do something which is or may be contrary to foreign law, including breaching criminal law (eg Masri v Consolidated Contractors International Co SAL [2008] EWCA Civ 1367 (not reported by LexisNexis UK), cited in Akhmedova v Akhmedov). However, where a court makes an order in respect of property in a foreign country (for example an order for sale within financial remedy proceedings), such orders are invariably orders in personam (ie against the relevant person)

The question of who is a parent is fundamental to a child. In Re G (Children) (FC), Baroness Hale set out that there are at least three ways in which a person may be or become a natural parent of a child. The first is genetic parenthood: the provision of the gametes which produce the child; gestational parenthood: the conceiving and bearing of the child (as the mother who bears the child, not the mother who provides the egg, is legally the child’s mother—section 27 of the Human Fertilisation and Embryology Act 1990; and social and psychological parenthood. In family cases there are fairly often disputes over paternity, which relates to the first of the three provisions referred to above. At common law, only the genetic father is regarded

Since 6 April 2007, it has been a requirement that deposits taken by landlords from tenants of residential property (with some minor exceptions) be registered with one of the three Tenancy Deposit Schemes pursuant to section 213 of the Housing Act 2004 (HA 2004). The requirement is mandatory, and there are significant consequences for a failure to do so, and to comply with the provision of information requirements. A significant consequence of a failure to comply with the requirements of HA 2004 is the prohibition on a landlord from relying upon a section 21 notice to obtain possession. However, this Q&A is concerned with the powers contained within HA 2004, s 214 of to order the payment of a penalty of between one and three times the deposit amount. This power is contained within HA 2004, s 214(4)

The Electronic Communications Code (the ‘Code’), set out in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003 (the Code) allows operators authorised by Ofcom to acquire rights over land for various purposes (see Code para 3). Code rights may be granted by agreement between an occupier of land and an operator, and telecoms providers will usually seek to agree rights by consent in the first instance. However, there is power for the Upper Tribunal (UT) to impose Code rights without the occupier's consent. An operator begins by serving a notice under para 20 of the