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.