Clause 14 - Security of tenure: anti-social behaviour
Anti-social Behaviour Bill
5:15 pm
Mr Bill O'Brien (Normanton, Labour)
With this it will be convenient to discuss the following:
Amendment No. 217, in
clause 14, page 13, line 12, at end insert—
'( ) that where an injunction under section 153A or 153B has already been granted, its terms have been breached or, where no such
injunction has been obtained, it was not an appropriate or available remedy to the landlord, and'.
Amendment No. 218, in
clause 14, page 13, line 13, at end insert—
'(4A) A demotion order may contain provisions for the landlord to provide support and rehabilitation services to the tenant or a person residing in or visiting the dwellinghouse who has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (antisocial behaviour or use of premises for immoral or unlawful purposes) applies.'.
Amendment No. 104, in
clause 14, page 13, line 38, leave out 'or visiting'.
Amendment No. 219, in
clause 14, page 13, line 42, at end insert—
'( ) that where an injunction under section 153A or 153B has already been granted, its terms have been breached or, where no such injunction has been obtained, it was not an appropriate or available remedy to the landlord, and'.
Amendment No. 220, in
clause 14, page 13, line 43, at end insert—
'(4A) A demotion order may contain provisions for the landlord to provide support and rehabilitation services to the tenant or a person residing in or visiting the dwellinghouse who has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (antisocial behaviour or use of premises for immoral or unlawful purposes) applies.'.
Amendment No. 222, in
schedule 1, page 43, line 2, leave out 'of the dwellinghouse' and insert 'under section 143E'.
Amendment No. 223, in
schedule 1, page 43, leave out lines 39 and 40 and insert—
'(2) The court must make an order for possession under this section if it is satisfied—
(a) that the tenant or a person residing in or visiting the dwelling house has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (antisocial behaviour or use of premises for immoral or unlawful purposes) applies, and
(b) the procedure under sections 143E and 143F has been followed.'.
Amendment No. 233, in
schedule 1, page 43, line 40, at end insert
'and it is not reasonable to make the order.'.
Amendment No. 238, in
schedule 1, page 43, line 39, leave out subsection (2) and insert—
'(2) The court shall not make an order for possession unless—
(a) the procedures under sections 143E and 143F have been followed; and
(b) the court considers it reasonable to make the order.'.
Amendment No. 237, in
schedule 1, page 44, line 3, after 'unless', insert—
'(a) the grounds of possession are related to antisocial behaviour since the demotion order;
(b) the landlord has made attempts to resolve the problem of antisocial behaviour with the tenant and any family by liasing with other agencies if necessary; and
(c) .'.
Amendment No. 234, in
schedule 1, page 44, line 3, after 'unless', insert—
'(a) the grounds for possession are related to antisocial behaviour;
(b) the landlord has made attempts to resolve the problem of antisocial behaviour with the tenant and any family by liaising with other agencies if necessary; and'.
Amendment No. 224, in
schedule 1, page 49, line 20, at end insert—
'( ) In section 84 (grounds and orders for possession) after subsection (4) there is inserted the following—
''(5) For the purposes of this section—
(a) secure tenancies include demoted tenancies with the meaning of section 143A of the Housing Act 1996;
(b) secure tenants include demoted tenants within the meaning of that section.''.'.
Amendment No. 221, in
clause 15, page 14, line 27, at end insert—
'( ) In the Housing Act 1988 (c.50) at the end of section 21 there is inserted the following subsection—
(8) No order for possession under subsection (1) or (4) may be made in relation to a dwellinghouse let on a tenancy to which section 20B above applies unless the court is satisfied that the tenant or a person residing in or visiting the dwelling house has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (antisocial behaviour or use of premises for immoral or unlawful purposes) applies.'.