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Housing (Amendment) Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Withholding of consent to mutual exchange of secure tenancies

This section has no associated Explanatory Notes

12.—(1) In Schedule 3A to the Housing (Northern Ireland) Order 1983 (NI 15) (grounds for withholding consent to assignment by way of exchange) after Ground 2 insert—

Ground 2A

Either—

(a)a relevant order or suspended Ground 2 possession order is in force, or

(b)an application is pending before any court for a relevant order or a Ground 2 possession order to be made,

in respect of the tenant or the proposed assignee or a person who is residing with either of them.

A “relevant order” means—

(a)

an injunction under Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 2003 (injunctions against anti-social behaviour);

(b)

an injunction against breach of a tenancy agreement granted or sought on the grounds that the tenant—

(i)

is engaging in, or threatening to engage in, conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality;

(ii)

is using or threatening to use the premises for immoral or illegal purposes; or

(iii)

is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct or use or threaten to use the premises for such purposes;

(c)

an anti-social behaviour order under Article 3 or 6 of the Antisocial Behaviour (Northern Ireland) Order 2004;

(d)

an interim anti-social behaviour order under Article 4 or 6A of that Order.

A “Ground 2 possession order” means an order for possession under Ground 2 in Schedule 3.

Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.

Ground 2B

The tenant or the proposed assignee or a person who is residing with either of them has been convicted of—

(a)an offence involving using the dwelling house of which the tenant or the proposed assignee is the secure tenant, or allowing it to be used, for immoral or illegal purposes, or

(b)an indictable offence..

(2) The amendment made by this section applies in relation to applications for consent under Article 32A of that Order (assignments by way of exchange) which are made on or after the day on which this section comes into operation.

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