Housing Act 1985

Section 92.

SCHEDULE 3 E+W Grounds for Withholding Consent to Assignment by Way of Exchange

[F1 Ground 1] E+W

Textual Amendments

F1 Sch. 3 Ground 1 substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 4 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

[F2 The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.]

Textual Amendments

F2 Sch. 3 Ground 1 substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 4 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

Ground 2 E+W

Proceedings have been begun for possession of the dwelling-house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 [F3 or 83ZA ] (notice of proceedings for possession) which specifies one or more of those grounds and is still in force.

Textual Amendments

F3 Words in Sch. 3 Ground 2 inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 14 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(vii)

[F4 Ground 2ZA E+W

Textual Amendments

F4 Sch. 3 Ground 2ZA inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(2), 185(1)(2)(c)(3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(e); S.I. 2014/2830, art. 2(e)

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.]

[F5 Ground 2A E+W

Textual Amendments

F5 Sch. 3 Ground 2A inserted (6.6.2005 for E. and 14.7.2005 for W.) by Housing Act 2004 (c. 34), ss. 191, 270(4)(5); S.I. 2005/1451, art. 2(b); S.I. 2005/1814, art. 2(a)

• Either—

  (a)

  a relevant order [F6 , a suspended anti-social behaviour possession order or a suspended riot-related possession order] is in force, or

  (b)

  an application is pending before any court for a relevant order, a demotion order [F7 , an anti-social behaviour possession order or a riot-related possession order] to be made,

  in respect of the tenant or the proposed assignee or a person who is residing with either of them.

• A “ relevant order ” means—

  • an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);

  • an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);

  • an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);

  • an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; F8 ...

  • an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 [F9 or section 27 of the Police and Justice Act 2006].

  • [F10 an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014;

  • an order under section 22 of that Act.]

• [F11 An “ anti-social behaviour possession order ” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988. ]

• A “ demotion order ” means a demotion order under section 82A of this Act or section 6A of the Housing Act 1988.

• [F12 A “ riot-related possession order ” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988. ]

• F13 ...

• Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.]

Textual Amendments

F6 Words in Sch. 3 substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F7 Words in Sch. 3 substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F8 Word in Sch. 3 Ground 2A omitted (20.10.2014 for E., 21.10.2014 for W.) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(viii)

F9 Words in Sch. 3 Ground 2A inserted (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

F10 Words in Sch. 3 inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(viii)

F11 Words in Sch. 3 inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F12 Words in Sch. 3 inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(6) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F13 Words in Sch. 3 omitted (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(7) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

[F14 Ground 2B E+W

Textual Amendments

F14 Sch. 3 Ground 2B inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 16 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(ix)

The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.]

Ground 3 E+W

The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

Ground 4 E+W

The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his family.

Ground 5 E+W

The dwelling-house—

(a) forms part of or is within the curtilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

(b) was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of—

• the landlord,

• a local authority,

• a [F15 development] corporation,

• [F16 a housing action trust]

• F17 . . .

• [F18 a Mayoral development corporation,]

• an urban development corporation, or

• the governors of an aided school.

Textual Amendments

F15 Words in Sch. 3 Ground 5(b) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 30 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F16 Entry in Sch. 3 Ground 5(b) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(c)

F17 Entry in Sch. 3 Ground 5(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F18 Entry in Sch. 3 Ground 5(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 18

Ground 6 E+W

The landlord is a charity and the proposed assignee’s occupation of the dwelling-house would conflict with the objects of the charity.

Ground 7 E+W

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 8 E+W

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 9 E+W

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling-house.

[F19 Ground 10 E+W

Textual Amendments

F19 Sch. 3 Ground 10 added by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 7

The dwelling-house is the subject of a management agreement under which the manager is a housing association of which at least half the members are tenants of dwelling-houses subject to the agreement, at least half the tenants of the dwelling-houses are members of the association and the proposed assignee is not, and is not willing to become, a member of the association.]

[F20 Reference to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.]

Textual Amendments

F20 Words in Sch. 3 Ground 10 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 19