SCHEDULES

SCHEDULE 11Minor and consequential amendments

PART 1Amendments relating to Parts 1 to 6

Housing Act 1985 (c. 68)

I206

1

Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows.

2

In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

i

conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

ii

conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

3

For subsection (7A) there is substituted—

7A

In subsection (4)(a)(ii) “housing accommodation” includes—

a

flats, lodging-houses and hostels;

b

any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

c

any common areas used in connection with the accommodation.

I4I127

1

Section 83 of that Act (proceedings for possession or termination: notice requirements) is amended as follows.

2

In the heading, after “termination:” there is inserted “ general ”.

3

Before subsection (1) there is inserted—

A1

This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

a

proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

b

proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).

4

In subsection (1), for the words from “proceedings for” to “tenancy),” there is substituted “ proceedings to which this section applies ”.

I5I138

1

Section 83A of that Act (additional requirements in relation to certain proceedings for possession) is amended as follows.

2

In subsection (2)(a), after “83” there is inserted “ or 83ZA ”.

3

In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted “ section 83(4)(a) or section 83ZA(9)(a) ”.

4

In subsection (3)(a), after “83” there is inserted “ or 83ZA ”.

5

In subsection (4)(a), after “83” there is inserted “ or 83ZA ”.

6

In subsection (5)—

a

for “the notice” there is substituted “ a notice ”;

b

after “83” there is inserted “ or a notice is served under section 83ZA ”.

I6I149

1

Section 84 of that Act (grounds and orders for possession) is amended as follows.

2

In subsection (1), after “in accordance with” there is inserted “ section 84A (absolute ground for possession for anti-social behaviour) or ”.

3

In subsection (2)(a), for “that Schedule” there is substituted “ Schedule 2 ”.

4

In subsection (3)—

a

after “83” there is inserted “ or 83ZA ”;

b

for “such an order on any of those grounds above” there is substituted “ an order on any of the grounds mentioned in subsection (2) ”.

I7I1510

In the heading of section 85A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

I2111

1

Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows.

2

In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—

i

conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

ii

conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

3

In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

i

conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

ii

conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

4

For subsection (10) there is substituted—

10

In this section “housing accommodation” includes—

a

flats, lodging-houses and hostels;

b

any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

c

any common areas used in connection with the accommodation.

I1I312

1

In Schedule 1 to that Act (tenancies which are not secure tenancies), paragraph 4ZA (family intervention tenancies) is amended as follows.

2

In sub-paragraph (3)(a)—

a

in the opening words, for “possession order under section 84” there is substituted “ relevant possession order ”;

b

in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of Schedule 2” are omitted.

3

In sub-paragraph (12), after the definition of “the new tenant” there is inserted—

“relevant possession order” means—

a

a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or

b

a possession order under section 84A;

I8I1613

In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “ or 83ZA ”.

I9I1714

In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2, after “83” there is inserted “ or 83ZA ”.

15

I21

In that Schedule, Ground 2A is amended as follows.

I22

In paragraph (a), for “or suspended Ground 2 or 14 possession order” there is substituted “ , a suspended anti-social behaviour possession order or a suspended riot-related possession order ”.

I23

In paragraph (b), for “or a Ground 2 or 14 possession order” there is substituted “ , an anti-social behaviour possession order or a riot-related possession order ”.

I104

In the definition of “relevant order”—

I18a

the word “or” before the final entry is omitted;

b

in the final entry, after “section 91 of the Anti-social Behaviour Act 2003” there is inserted “ or section 27 of the Police and Justice Act 2006 ”;

I18c

at the end there is inserted—

an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014;

an order under section 22 of that Act.

I25

After the definition of “relevant order” there is inserted—

An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.

I26

After the definition of “demotion order” there is inserted—

A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988.

I27

The definition of a “Ground 2 or 14 possession order” is omitted.

I11I1916

After Ground 2A in that Schedule there is inserted—

Ground 2B

The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.