SCHEDULE 3EVICTION GROUNDS

PART 3TENANT'S CONDUCT

Anti-social behaviour

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1

It is an eviction ground that the tenant has engaged in relevant anti-social behaviour.

2

The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—

a

the tenant has behaved in an anti-social manner in relation to another person,

b

the anti-social behaviour is relevant anti-social behaviour,

F1ba

the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and

c

either—

i

the application for an eviction order that is before the Tribunal was made within 12 months of the anti-social behaviour occurring, or

ii

the Tribunal is satisfied that the landlord has a reasonable excuse for not making the application within that period.

3

For the purposes of this paragraph, a person is to be regarded as behaving in an anti-social manner in relation to another person by—

a

doing something which causes or is likely to cause the other person alarm, distress, nuisance or annoyance,

b

pursuing in relation to the other person a course of conduct which—

i

causes or is likely to cause the other person alarm, distress, nuisance or annoyance, or

ii

amounts to harassment of the other person.

4

In sub-paragraph (3)—

  • “conduct” includes speech,

  • “course of conduct” means conduct on two or more occasions,

  • “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997.

5

Anti-social behaviour is relevant anti-social behaviour for the purpose of sub-paragraph (2)(b) if the Tribunal is satisfied that it is reasonable to issue an eviction order as a consequence of it, given the nature of the anti-social behaviour and—

a

who it was in relation to, or

b

where it occurred.

6

In a case where two or more persons jointly are the tenant under a tenancy, the reference in sub-paragraph (2) to the tenant is to any one of those persons.