PART 5PROVISIONS APPLYING ONLY TO SECURE CONTRACTS
CHAPTER 5PROHIBITED CONDUCT STANDARD CONTRACTS
116Order imposing periodic standard contract because of prohibited conduct
1
If the landlord under a secure contract is a community landlord or a registered charity, the landlord may apply to the court for an order under this section on the ground that the contract-holder is in breach of section 55 (anti-social behaviour and other prohibited conduct).
2
The effect of an order under this section is—
a
to end the secure contract from a date specified in the order, and
b
if the contract-holder remains in occupation after the specified date, to create a periodic standard contract whose occupation date is the date specified in the order (and which is a periodic standard contract until the end of the probationary period).
3
The court may make an order under this section only if it is satisfied that—
a
the contract-holder is in breach of section 55,
b
it would have made an order for possession on the ground in section 157 (breach of contract) in reliance only on that breach,
c
the landlord will make available to the contract-holder a programme of social support the aim of which is the prevention of prohibited conduct, and
d
it is reasonable to make the order.
4
The Welsh Ministers may issue guidance as to the activities and services (including assistance, advice and counselling services) that may be included in a programme of social support for the purposes of subsection (3).
5
Schedule 7 makes provision about probation periods, the procedure for obtaining an order under this section, and about the terms of a periodic standard contract created under this section.
6
In this Act “prohibited conduct standard contract” means a contract which is a periodic standard contract created because of an order under this section, and in relation to which the probation period has not yet ended.
117Conversion to secure contract
1
A periodic standard contract which arose because of an order under section 116 and which subsists at the end of the probation period—
a
ends at the end of the probation period, and
b
is replaced with a secure contract that has an occupation date falling immediately after that period ends.
2
But subsection (1) does not apply if the probation period ends because of paragraph 3(9) of Schedule 7.
3
Schedule 7 makes provision about the terms of a secure contract which arises at the end of a probation period.