Anti-social Behaviour Act 2003 (c. 38)

Part 2 E+W Housing

16 Proceedings for possession: anti-social behaviour E+W

(1) In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—

“85A Proceedings for possession: anti-social behaviour

(1) This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).

(2) The court must consider, in particular—

(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b) any continuing effect the nuisance or annoyance is likely to have on such persons;

(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.”

(2) In the Housing Act 1988 (c. 50) after section 9 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—

“9A Proceedings for possession: anti-social behaviour

(1) This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).

(2) The court must consider, in particular—

(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b) any continuing effect the nuisance or annoyance is likely to have on such persons;

(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.”

Commencement Information

I1 S. 16 in force at 30.6.2004 for E. by S.I. 2004/1502, art. 2(a)(v) (with Sch. para. 2)

I2 S. 16 in force at 30.9.2004 for W. by S.I. 2004/2557, art. 2(a)(iii) (with Sch. para. 2)