Part 2Housing

I1I216Proceedings for possession: anti-social behaviour

1

In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—

85AProceedings for possession: anti-social behaviour

1

This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).

2

The court must consider, in particular—

a

the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

b

any continuing effect the nuisance or annoyance is likely to have on such persons;

c

the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.

2

In the Housing Act 1988 (c. 50) after section 9 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—

9AProceedings for possession: anti-social behaviour

1

This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).

2

The court must consider, in particular—

a

the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

b

any continuing effect the nuisance or annoyance is likely to have on such persons;

c

the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.