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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 2 — Housing

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     (2)    A Class A controlled drug is a controlled drug which is a Class A drug within

the meaning of section 2 of that Act.

     (3)    Premises includes—

           (a)           any land or other place (whether enclosed or not);

           (b)           any outbuildings which are or are used as part of the premises.

5

     (4)    A closure notice is a notice issued under section 1.

     (5)    A closure order is—

           (a)           an order made under section 2;

           (b)           an order extended under section 5;

           (c)           an order made or extended under section 6 which has the like effect as

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an order made or extended under section 2 or 5 (as the case may be).

     (6)    Each of the following is a local authority in relation to England—

           (a)           a district council;

           (b)           a London borough council;

           (c)           a county council for an area for which there is no district council;

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           (d)           the Common Council of the City of London in its capacity as a local

authority;

           (e)           the Council of the Isles of Scilly.

     (7)    Each of the following is a local authority in relation to Wales—

           (a)           a county council;

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           (b)           a county borough council.

     (8)    References to a local authority are to the local authority for the area in which

premises—

           (a)           to which a closure notice applies are situated;

           (b)           in respect of which a closure order has effect are situated.

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     (9)    Closed premises are premises in respect of which a closure order has effect.

     (10)   A person is the owner of premises if either of the following paragraphs applies

to him—

           (a)           he is a person (other than a mortgagee not in possession) who is for the

time being entitled to dispose of the fee simple in the premises, whether

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in possession or in reversion;

           (b)           he is a person who holds or is entitled to the rents and profits of the

premises under a lease which (when granted) was for a term of not less

than three years.

     (11)   This section applies for the purposes of this Part.

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Part 2

Housing

 12    Anti-social behaviour: landlords’ policies and procedures

     (1)    In Part 8 of the Housing Act 1996 (c. 52) before section 219 (power of Secretary

of State to give directions as to certain charges by social landlords) there is

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Anti-social Behaviour Bill
Part 2 — Housing

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inserted the following section—

       “218A  Anti-social behaviour: landlords’ policies and procedures

           (1)           This section applies to the following landlords—

                  (a)                 a local housing authority;

                  (b)                 a housing action trust;

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                  (c)                 a registered social landlord.

           (2)           The landlord must prepare—

                  (a)                 a policy in relation to anti-social behaviour;

                  (b)                 procedures for dealing with occurrences of anti-social

behaviour.

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           (3)           The landlord must not later than 6 months after the commencement of

section 12 of the Anti-social Behaviour Act 2003 publish a statement of

the policy and procedures prepared under subsection (2).

           (4)           The landlord must from time to time keep the policy and procedures

under review and, when it thinks appropriate, publish a revised

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statement.

           (5)           A copy of a statement published under subsection (3) or (4)—

                  (a)                 must be available for inspection at all reasonable hours at the

landlord’s principal office;

                  (b)                 must be provided on payment of a reasonable fee to any person

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who requests it.

           (6)           The landlord must also—

                  (a)                 prepare a summary of its current policy and procedures;

                  (b)                 provide without charge a copy of the summary to any person

who requests it.

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           (7)           In preparing and reviewing the policy and procedures the landlord

must have regard to guidance issued—

                  (a)                 by the Secretary of State in the case of a local housing authority

or a housing action trust;

                  (b)                 by the Relevant Authority under section 36 in the case of a

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registered social landlord.

           (8)           Anti-social behaviour is any conduct to which section 153A or 153B

applies.

           (9)           Relevant Authority has the same meaning as in Part 1.”

     (2)    In section 36(2) of that Act (functions of the Housing Corporation relating to

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guidance and corresponding functions relating to Wales) after paragraph (h)

there is inserted the following paragraph—

                  “(i)                    the policy and procedures a landlord is required under section

218A to prepare and from time to time revise in connection with

anti-social behaviour.”

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 13    Injunctions against anti-social behaviour on application of certain social

landlords

     (1)    The Housing Act 1996 (c. 52) is amended as follows.

 

 

Anti-social Behaviour Bill
Part 2 — Housing

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     (2)    Sections 152 (power to grant injunctions against anti-social behaviour) and 153

(power of arrest for breach of certain injunctions against anti-social behaviour)

are omitted.

     (3)    Before section 154 (power of arrest in ex parte applications) there are inserted

the following sections—

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       “153A  Anti-social behaviour injunction

           (1)           This section applies to conduct—

                  (a)                 which is capable of causing nuisance or annoyance to any

person, and

                  (b)                 which directly or indirectly relates to or affects the housing

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management functions of a relevant landlord.

           (2)           The court on the application of a relevant landlord may grant an

injunction (an anti-social behaviour injunction) if each of the following

two conditions is satisfied.

           (3)           The first condition is that the person against whom the injunction is

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sought is engaging, has engaged or threatens to engage in conduct to

which this section applies.

           (4)           The second condition is that the conduct is capable of causing nuisance

or annoyance to any of the following—

                  (a)                 a person with a right (of whatever description) to reside in or

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occupy housing accommodation owned or managed by the

relevant landlord;

                  (b)                                     a person with a right (of whatever description) to reside in or

occupy other housing accommodation in the neighbourhood of

housing accommodation mentioned in paragraph (a);

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                  (c)                 a person engaged in lawful activity in or in the neighbourhood

of housing accommodation mentioned in paragraph (a);

                  (d)                 a person employed (whether or not by the relevant landlord) in

connection with the exercise of the relevant landlord’s housing

management functions.

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           (5)           It is immaterial where conduct to which this section applies occurs.

           (6)           An anti-social behaviour injunction prohibits the person in respect of

whom it is granted from engaging in conduct to which this section

applies.

       153B  Injunction against unlawful use of premises

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           (1)           This section applies to conduct which consists of or involves using or

threatening to use housing accommodation owned or managed by a

relevant landlord for an unlawful purpose.

           (2)           The court on the application of the relevant landlord may grant an

injunction prohibiting the person in respect of whom the injunction is

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granted from engaging in conduct to which this section applies.

       153C  Injunctions: exclusion order and power of arrest

           (1)           This section applies if the court grants an injunction under subsection

(2) of section 153A or 153B and it thinks that either of the following

paragraphs applies—

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Anti-social Behaviour Bill
Part 2 — Housing

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                  (a)                 the conduct consists of or includes the use or threatened use of

violence;

                  (b)                 there is a significant risk of harm to a person mentioned in

section 153A(4).

           (2)           The court may include in the injunction a provision prohibiting the

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person in respect of whom it is granted from entering or being in—

                  (a)                 any premises specified in the injunction;

                  (b)                 any area specified in the injunction.

           (3)           The court may attach a power of arrest to any provision of the

injunction.

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       153D              Injunction against breach of tenancy agreement

           (1)           This section applies if a relevant landlord applies for an injunction

against a tenant in respect of the breach or anticipated breach of a

tenancy agreement on the grounds that the tenant—

                  (a)                 is engaging or threatening to engage in conduct that is capable

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of causing nuisance or annoyance to any person, or

                  (b)                 is allowing, inciting or encouraging any other person to engage

or threaten to engage in such conduct.

           (2)           The court may proceed under subsection (3) or (4) if it is satisfied—

                  (a)                 that the conduct includes the use or threatened use of violence,

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or

                  (b)                 that there is a significant risk of harm to any person.

           (3)           The court may include in the injunction a provision prohibiting the

person in respect of whom it is granted from entering or being in—

                  (a)                 any premises specified in the injunction;

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                  (b)                 any area specified in the injunction.

           (4)           The court may attach a power of arrest to any provision of the

injunction.

           (5)           Tenancy agreement includes any agreement for the occupation of

residential accommodation owned or managed by a relevant landlord.

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       153E  Injunctions: supplementary

           (1)           This section applies for the purposes of sections 153A to 153D.

           (2)           An injunction may—

                  (a)                 be made for a specified period or until varied or discharged;

                  (b)                 have the effect of excluding a person from his normal place of

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residence.

           (3)           An injunction may be varied or discharged by the court on an

application by—

                  (a)                 the person in respect of whom it is made;

                  (b)                 the relevant landlord.

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           (4)           If the court thinks it just and convenient it may grant or vary an

injunction without the respondent having been given such notice as is

otherwise required by rules of court.

 

 

Anti-social Behaviour Bill
Part 2 — Housing

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           (5)           If the court acts under subsection (4) it must give the person against

whom the injunction is made an opportunity to make representations

in relation to the injunction as soon as it is practicable for him to do so.

           (6)           The court is the High Court or a county court.

           (7)           Each of the following is a relevant landlord—

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                  (a)                 a housing action trust;

                  (b)                 a local authority (within the meaning of the Housing Act 1985);

                  (c)                 a registered social landlord.

           (8)           A charitable housing trust which is not a registered social landlord is

also a relevant landlord for the purposes of section 153D.

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           (9)           Housing accommodation includes—

                  (a)                 flats, lodging-houses and hostels;

                  (b)                 any yard, garden, outhouses and appurtenances belonging to

the accommodation or usually enjoyed with it;

                  (c)                 in relation to a neighbourhood, the whole of the housing

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accommodation owned or managed by a relevant landlord in

the neighbourhood and any common areas used in connection

with the accommodation.

           (10)          A landlord owns housing accommodation if either of the following

paragraphs applies to him—

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                  (a)                 he is a person (other than a mortgagee not in possession) who is

for the time being entitled to dispose of the fee simple in the

premises, whether in possession or in reversion;

                  (b)                 he is a person who holds or is entitled to the rents and profits of

the premises under a lease which (when granted) was for a term

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of not less than three years.

           (11)          The housing management functions of a relevant landlord include—

                  (a)                 functions conferred by or under any enactment;

                  (b)                 the powers and duties of the landlord as the holder of an estate

or interest in housing accommodation.

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           (12)          Harm includes serious ill-treatment or abuse (whether physical or

not).”

     (4)    In section 154—

           (a)           in subsection (1) for “section 152(6) or section 153” there is substituted

“section 153C(3) or 153D(4)”;

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           (b)           in subsection (1)(b) for “152(1)(a) or section 153(5)(a)” there is

substituted “section 153A(4)”.

     (5)    In section 155—

           (a)           in subsection (1) for “section 152(6) or section 153” there is substituted

“section 153C(3) or 153D(4)”;

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           (b)           in subsection (3) for “section 152(6) or section 153” there is substituted

“section 153C(3) or 153D(4)”.

     (6)    In section 157—

           (a)           in subsection (1) for “section 152(6) or section 153” there is substituted

“section 153C(3) or 153D(4)”;

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Anti-social Behaviour Bill
Part 2 — Housing

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           (b)           in subsection (3) for “section 152(6) or section 153” there is substituted

“section 153C(3) or 153D(4)”.

     (7)    In section 158—

           (a)           in subsection (1) the entries relating to “child”, “harm”, “health” and

“ill-treatment” are omitted;

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           (b)           subsection (2) is omitted.

 14    Security of tenure: anti-social behaviour

     (1)    In the Housing Act 1985 (c. 68) section 82 (which makes provision in relation to

security of tenure) is amended as follows—

           (a)           in subsection (1) for the words from “of the court” to the end of the

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subsection there is substituted “mentioned in subsection (1A)”;

           (b)           after subsection (1) there is inserted the following subsection—

                  “(1A)                    These are the orders—

                        (a)                        an order of the court for the possession of the dwelling-

house;

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                        (b)                        an order under subsection (3);

                        (c)                        a demotion order under section 82A.”

     (2)    After section 82 of that Act there is inserted the following section—

       “82A  Demotion because of anti-social behaviour

           (1)           This section applies to a secure tenancy if the landlord is—

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                  (a)                 a local housing authority;

                  (b)                 a housing action trust;

                  (c)                 a registered social landlord.

           (2)           The landlord may apply to a county court for a demotion order.

           (3)           A demotion order has the following effect—

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                  (a)                 the secure tenancy is terminated with effect from the date

specified in the order;

                  (b)                 if the tenant remains in occupation of the dwelling-house after

that date a demoted tenancy is created with effect from that

date;

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                  (c)                 it is a term of the demoted tenancy that any arrears of rent

payable at the termination of the secure tenancy become

payable under the demoted tenancy;

                  (d)                 it is also a term of the demoted tenancy that any rent paid in

advance or overpaid at the termination of the secure tenancy is

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credited to the tenant’s liability to pay rent under the demoted

tenancy.

           (4)           The court must not make a demotion order unless it is satisfied—

                  (a)                 that the tenant or a person residing in or visiting the dwelling-

house has engaged or has threatened to engage in conduct to

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which section 153A or 153B of the Housing Act 1996 (anti-social

behaviour or use of premises for unlawful purposes) applies,

and

                  (b)                 that it is reasonable to make the order.

 

 

Anti-social Behaviour Bill
Part 2 — Housing

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           (5)           Each of the following has effect in respect of a demoted tenancy at the

time it is created by virtue of an order under this section as it has effect

in relation to the secure tenancy at the time it is terminated by virtue of

the order—

                  (a)                 the parties to the tenancy;

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                  (b)                 the period of the tenancy;

                  (c)                 the amount of the rent;

                  (d)                 the dates on which the rent is payable.

           (6)           Subsection (5)(b) does not apply if the secure tenancy was for a fixed

term and in such a case the demoted tenancy is a weekly periodic

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tenancy.

           (7)           If the landlord of the demoted tenancy serves on the tenant a statement

of any other express terms of the secure tenancy which are to apply to

the demoted tenancy such terms are also terms of the demoted tenancy.

           (8)           For the purposes of this section a demoted tenancy is—

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                  (a)                 a tenancy to which section 143A of the Housing Act 1996 applies

if the landlord of the secure tenancy is a local housing authority

or a housing action trust;

                  (b)                 a tenancy to which section 20B of the Housing Act 1988 applies

if the landlord of the secure tenancy is a registered social

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landlord.”

     (3)    In the Housing Act 1988 (c. 50) after section 6 (which makes provision about

fixing the terms of a statutory periodic tenancy) there is inserted the following

section—

       “6A  Demotion because of anti-social behaviour

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           (1)           This section applies to an assured tenancy if the landlord is a registered

social landlord.

           (2)           The landlord may apply to a county court for a demotion order.

           (3)           A demotion order has the following effect—

                  (a)                 the assured tenancy is terminated with effect from the date

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specified in the order;

                  (b)                 if the tenant remains in occupation of the dwelling-house after

that date a demoted tenancy is created with effect from that

date;

                  (c)                 it is a term of the demoted tenancy that any arrears of rent

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payable at the termination of the assured tenancy become

payable under the demoted tenancy;

                  (d)                 it is also a term of the demoted tenancy that any rent paid in

advance or overpaid at the termination of the assured tenancy

is credited to the tenant’s liability to pay rent under the

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demoted tenancy.

           (4)           The court must not make a demotion order unless it is satisfied—

                  (a)                 that the tenant or a person residing in or visiting the dwelling-

house has engaged or has threatened to engage in conduct to

which section 153A or 153B of the Housing Act 1996 (anti-social

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behaviour or use of premises for unlawful purposes) applies,

and

 

 

 
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