PART 5Recovery of possession of dwelling-houses: anti-social behaviour grounds
Supplemental
100Restrictions where new possession proceedings in progress etc
I2I11
In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—
a
in subsection (2A)(a), for “or Ground 2 possession order” there is substituted “
, Ground 2 or 2ZA possession order or section 84A possession order
”
;
b
in subsection (2B)(a), for “or an operative Ground 2 possession order” there is substituted “
, an operative Ground 2 or 2ZA possession order or an operative section 84A possession order
”
;
c
in subsection (2C), for the definition of “Ground 2 possession order” there is substituted—
“Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;
d
for the definition of “operative Ground 2 possession order” there is substituted—
“ “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”;
e
after that definition there is inserted—
“operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;
“section 84A possession order” means an order for possession under section 84A;
I3I42
In Schedule 3 to that Act (grounds for withholding consent to assignment of secure tenancy by way of exchange), after Ground 2 there is inserted—
Ground 2ZA
Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.
I3I43
In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—
a
after Ground 4 there is inserted—
4AGround 4A
1
This ground is that either of the following conditions is met.
2
The first condition is that—
a
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
b
possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).
3
The second condition is that—
a
a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and
b
the notice is still in force.
b
after Ground 5 there is inserted—
5AGround 5A
1
This ground is that either of the following conditions is met.
2
The first condition is that—
a
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
b
possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).
3
The second condition is that—
a
a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
b
the notice specifies ground 7A and is still in force.