Think tank

Should she go back to court and ask for the tenancy to be transferred to her sole name?

Assuming we are dealing with a "traditional" association, as opposed to a stock transfer, she has already lost her right to buy when her landlord became a charity.

If, however, we are dealing with a stock transfer, so the right in question is the preserved right to buy, the charitable exemption does not apply. In this case, she can serve notice to quit and enter into a new tenancy and, provided there is no interval between the ending of the old tenancy and the start of the new one, her preserved right to buy will be maintained and her discount will not be affected.

Of course, asking the court to put the tenancy in her sole name would achieve the same result.

John Bryant, Policy officer, National Housing Federation

Introductory tenancies
My local authority uses its powers under the 1996 Housing Act to use introductory tenancies, as part of its antisocial behaviour strategy. Our solicitors advise that to bring such a tenancy to an end, the prescribed notice must be served and possession proceedings brought, that is court papers served, before the end of the 12-month introductory period, otherwise the tenancy would become secure.

In practice, to ensure the tenancy does not become secure after the 12th month and to cope with the inherent delays involved with possession proceedings, a notice would have to be served, say, no later than nine months into the tenancy.

I am not convinced that this advice is strictly accurate and I am of the opinion that sections 125(7) and 130(2) of the act would apply, notably the tenancy not being secure until determined by the court.

Can you advise how best to ensure antisocial introductory tenants are not made secure during their first year?

Your solicitors are right to say possession proceedings must have been brought before the trial period expires. Service of the section 128 notice does not of itself terminate the tenancy. So it is correct to say that notice must have been served and possession proceedings brought in order to prolong the introductory tenancy pending the possession proceedings being heard.

However, starting possession proceedings does not mean the proceedings have to have been served on the tenant before the trial period expires, they merely have to have been issued by the court before that date. Thus, filing possession proceedings at court on the last day of the trial period will be enough to prolong the introductory tenancy until the proceedings are heard. Assuming a possession order is made, the tenancy will then be terminated.

In practice, I would have thought it feasible to serve the section 128 notice five weeks before the end of the trial period and have proceedings drafted and issued during the last week.

Also, if papers were filed at court on the last day of the trial period, it should be possible to have the court issue them over the counter there and then. But even if it refuses to do so, the Civil Procedure Rules would apply and the claim would be treated as having been "brought" on the day the papers were received in the court office.

Nick Billingham, Partner and head of housing management litigation at law firm Devonshires