Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

Anti-social Behaviour, Crime and Policing BillPage 50

(5) This section does not affect any other exemption from liability (whether at
common law or otherwise).

83 Compensation

(1) A person who claims to have incurred financial loss in consequence of a closure
5notice or a closure order may apply to the appropriate court for compensation.

(2) The appropriate court is—

(a) the magistrates’ court that considered the application for a closure
order (except where paragraph (b) applies);

(b) the Crown Court, in the case of a closure order that was made or
10extended by an order of that Court on an appeal under section 77.

(3) An application under this section may not be heard unless it is made before the
end of the period of 3 months starting with whichever of the following is
applicable—

(a) the day on which the closure notice was cancelled under section 71;

(b) 15the day on which a closure order was refused;

(c) the day on which the closure order ceased to have effect.

(4) For the purposes of subsection (3)(b) the day on which a closure order was
refused is—

(a) the day on which the magistrates’ court decided not to make a closure
20order (except where paragraph (b) applies);

(b) the day on which the Crown Court dismissed an appeal against a
decision not to make a closure order.

(5) On an application under this section the court may order the payment of compensation
out of central funds if it is satisfied

(a) 25that the applicant is not associated with the use of the premises, or the
behaviour on the premises, on the basis of which the closure notice was issued
or the closure order made,

(b) if the applicant is the owner or occupier of the premises, that the applicant took
reasonable steps to prevent that use or behaviour,

(c) 30that the applicant has incurred financial loss in consequence of the notice or
order, and

(d) that having regard to all the circumstances it is appropriate to order payment
of compensation in respect of that loss.

(6) In this section “central funds” has the same meaning as in enactments providing for
35the payment of costs.

84 Interpretation of Chapter 3

(1) In this Chapter—

  • “cancellation notice” has the meaning given by section 71(2);

  • “criminal behaviour” means behaviour that constitutes a criminal offence;

  • 40“extension notice” has the meaning given by section 70(4);

  • “local authority” means—

    (a)

    in relation to England, a district council, a county council for an
    area for which there is no district council, a London borough
    council, the Common Council of the City of London or the
    45Council of the Isles of Scilly;

    Anti-social Behaviour, Crime and Policing BillPage 51

    (b)

    in relation to Wales, a county council or a county borough
    council;

  • “offensive behaviour” means behaviour by a person that causes or is
    likely to cause harassment, alarm or distress to one or more other
    5persons not of the same household as that person;

  • “owner”, in relation to premises, means—

    (a)

    a person (other than a mortgagee not in possession) entitled to
    dispose of the fee simple of the premises, whether in possession
    or in reversion;

    (b)

    10a person who holds or is entitled to the rents and profits of the
    premises under a lease that (when granted) was for a term of not
    less then 3 years;

  • “premises” includes—

    (a)

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

    (b)

    15any outbuildings that are, or are used as, part of premises;

  • “premises licence” has the meaning given by section 11 of the Licensing
    Act 2003;

  • “relevant licensing authority” has the meaning given by section 12 of that
    Act;

  • 20“variation notice” has the meaning given by section 71(3).

(2) A reference in this Chapter to “the local authority”, in relation to any premises
or a notice or order relating to any premises, is a reference to the local authority
(or, as the case may be, any of the local authorities) within whose area the
premises are situated.

(3) 25A reference in this Chapter to “the premises”, in relation to a closure notice or
a closure order, is a reference to the premises to which the notice or order
relates.

85 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the notices
30specified in subsection (2) or orders specified in subsection (3) does not apply
in relation to—

(a) any such notice issued or order made before the commencement day;

(b) anything done in connection with any such notice or order.

(2) The notices are—

(a) 35a notice issued under section 1 of the Anti-social Behaviour Act 2003;

(b) a notice issued under section 11A of that Act.

(3) The orders are—

(a) an order made under section 2 of the Anti-social Behaviour Act 2003;

(b) an order made under section 11B of that Act;

(c) 40an order made under section 40 of that Act;

(d) an order made under section 161 of the Licensing Act 2003;

(e) an order made under section 165(2)(b), (c) or (d) of that Act.

(4) A person deciding whether to issue a closure notice may take into account
things that—

(a) 45happened before the commencement day, and

Anti-social Behaviour, Crime and Policing BillPage 52

(b) would have given rise to the power to issue one of the notices specified
in subsection (2) or to make an order specified in subsection (3)(c) or (d).

(5) A court deciding whether to make a closure order may take into account things
that—

(a) 5happened before the commencement day, and

(b) would have given rise to the power to make an order specified in
subsection (3)(a), (b) or (e).

(6) Subsections (4) and (5) apply only during the period of 3 months beginning
with the commencement day.

(7) 10In this section “commencement day” means the day on which this Chapter
comes into force.

Part 5 Recovery of possession of dwelling-houses: anti-social behaviour grounds

Absolute ground for possession: secure tenancies

86 15New ground for serious offences or breach of requirements etc

(1) After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders
for possession) there is inserted—

84A Absolute ground for possession for anti-social behaviour

(1) If the court is satisfied that any of the following conditions is met, it
20must make an order for the possession of a dwelling-house let under a
secure tenancy.

This is subject to subsection (2) (and to any available defence based on
the tenant’s Convention rights, within the meaning of the Human
Rights Act 1998).

25This is subject to subsection (2) (and to any available defence based on
the tenant’s Convention rights, within the meaning of the Human
Rights Act 1998).

(2) Subsection (1) applies only where the landlord has complied with any
obligations it has under section 85ZA (review of decision to seek
30possession).

(3) Condition 1 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of a serious offence, and

(b) the serious offence—

(i) 35was committed (wholly or partly) in, or in the locality of,
the dwelling-house,

(ii) was committed elsewhere against a person with a right
(of whatever description) to reside in, or occupy
housing accommodation in the locality of, the dwelling-
40house, or

(iii) was committed elsewhere against the landlord of the
dwelling-house, or a person employed (whether or not
by the landlord) in connection with the exercise of the
landlord’s housing management functions, and directly
45or indirectly related to or affected those functions.

Anti-social Behaviour, Crime and Policing BillPage 53

(4) Condition 2 is that a court has found in relevant proceedings that the
tenant, or a person residing in or visiting the dwelling-house, has
breached a provision of an injunction under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, other than a provision
5requiring a person to participate in a particular activity, and—

(a) the breach occurred in, or in the locality of, the dwelling-house,
or

(b) the breach occurred elsewhere and the provision breached was
a provision intended to prevent—

(i) 10conduct that is capable of causing nuisance or
annoyance to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house, or

(ii) conduct that is capable of causing nuisance or
15annoyance to the landlord of the dwelling-house, or a
person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
management functions, and that is directly or indirectly
related to or affects those functions.

(5) 20Condition 3 is that the tenant, or a person residing in or visiting the
dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2013 consisting of a
breach of a provision of a criminal behaviour order prohibiting a
person from doing anything described in the order, and the offence
25involved—

(a) a breach that occurred in, or in the locality of, the dwelling-
house, or

(b) a breach that occurred elsewhere of a provision intended to
prevent—

(i) 30behaviour that causes or is likely to cause harassment,
alarm or distress to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house, or

(ii) behaviour that causes or is likely to cause harassment,
35alarm or distress to the landlord of the dwelling-house,
or a person employed (whether or not by the landlord)
in connection with the exercise of the landlord’s housing
management functions, and that is directly or indirectly
related to or affects those functions.

(6) 40Condition 4 is that—

(a) the dwelling-house is or has been subject to a closure order
under section 73 of the Anti-social Behaviour, Crime and
Policing Act 2013, and

(b) access to the dwelling-house has been prohibited (under the
45closure order or under a closure notice issued under section 69
of that Act) for a continuous period of more than 48 hours.

(7) Condition 5 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of an offence under—

Anti-social Behaviour, Crime and Policing BillPage 54

(i) section 80(4) of the Environmental Protection Act 1990
(breach of abatement notice in relation to statutory
nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate
5statutory nuisance etc.), and

(b) the nuisance concerned was noise emitted from the dwelling-
house which was a statutory nuisance for the purposes of Part 3
of that Act by virtue of section 79(1)(g) of that Act (noise emitted
from premises so as to be prejudicial to health or a nuisance).

(8) 10Condition 1, 2, 3, 4 or 5 is not met if—

(a) there is an appeal against the conviction, finding or order
concerned which has not been finally determined, abandoned
or withdrawn, or

(b) the final determination of the appeal results in the conviction,
15finding or order being overturned.

(9) In this section—

  • “relevant proceedings” means proceedings for contempt of court
    or proceedings under Schedule 2 to the Anti-social Behaviour,
    Crime and Policing Act 2013;

  • 20“serious offence” means an offence which—

    (a)

    was committed on or after the day on which subsection
    (3) comes into force,

    (b)

    is specified, or falls within a description specified, in
    Schedule 2A at the time the offence was committed and
    25at the time the court is considering the matter, and

    (c)

    is not an offence that is triable only summarily by virtue
    of section 22 of the Magistrates’ Courts Act 1980 (either-
    way offences where value involved is small).

(10) The Secretary of State may by order amend Schedule 2A as it applies in
30relation to dwelling-houses in England by—

(a) adding an indictable offence;

(b) removing an offence.

(11) The Welsh Ministers may by order amend Schedule 2A as it applies in
relation to dwelling-houses in Wales by—

(a) 35adding an indictable offence;

(b) removing an offence.

(12) An order under subsection (10) or (11)

(a) is to be made by statutory instrument which—

(i) in the case of an order made by the Secretary of State is
40subject to annulment in pursuance of a resolution of
either House of Parliament;

(ii) in the case of an order made by the Welsh Ministers is
subject to annulment in pursuance of a resolution of the
National Assembly for Wales;

(b) 45may make different provision for different purposes;

(c) may include incidental, supplementary, consequential,
transitional or saving provision.

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(2) After Schedule 2 to that Act there is inserted the Schedule set out in Schedule
3 to this Act.

87 Notice requirements for new ground

After section 83 of the Housing Act 1985 (proceedings for possession or
5termination: notice requirements) there is inserted—

83ZA Notice requirements in relation to proceedings for possession on
absolute ground for anti-social behaviour

(1) This section applies in relation to proceedings for possession of a
10dwelling-house under section 84A (absolute ground for possession for
anti-social behaviour), including proceedings where possession is also
sought on one or more of the grounds set out in Schedule 2.

(2) The court must not entertain the proceedings unless the landlord has
served on the tenant a notice under this section.

(3) 15The notice must—

(a) state that the court will be asked to make an order under section
84A for the possession of the dwelling-house,

(b) set out the reasons for the landlord’s decision to apply for the
order (including the condition or conditions in section 84A on
20which the landlord proposes to rely), and

(c) inform the tenant of any right that the tenant may have under
section 85ZA to request a review of the landlord’s decision and
of the time within which the request must be made.

(4) In a case where possession is also sought on one or more of the grounds
25set out in Schedule 2, the notice must also—

(a) specify the ground on which the court will be asked to make the
order, and

(b) give particulars of that ground.

(5) A notice which states that the landlord proposes to rely upon condition
301, 3 or 5 in section 84A—

(a) must also state the conviction on which the landlord proposes
to rely, and

(b) must be served on the tenant within—

(i) the period of 12 months beginning with the day of the
35conviction, or

(ii) if there is an appeal against the conviction, the period of
12 months beginning with the day on which the appeal
is finally determined or abandoned.

(6) A notice which states that the landlord proposes to rely upon condition
402 in section 84A—

(a) must also state the finding on which the landlord proposes to
rely, and

(b) must be served on the tenant within—

(i) the period of 12 months beginning with the day on
45which the court has made the finding, or

Anti-social Behaviour, Crime and Policing BillPage 56

(ii) if there is an appeal against the finding, the period of 12
months beginning with the day on which the appeal is
finally determined, abandoned or withdrawn.

(7) A notice which states that the landlord proposes to rely upon condition
54 in section 84A—

(a) must also state the closure order concerned, and

(b) must be served on the tenant within—

(i) the period of 3 months beginning with the day on which
the closure order was made, or

(ii) 10if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
appeal is finally determined, abandoned or withdrawn.

(8) A notice under this section must also inform the tenant that, if the
tenant needs help or advice about the notice and what to do about it,
15the tenant should take it immediately to a Citizens’ Advice Bureau, a
housing aid centre, a law centre or a solicitor.

(9) The notice—

(a) must also specify the date after which proceedings for the
possession of the dwelling-house may be begun, and

(b) 20ceases to be in force 12 months after the date so specified.

(10) The date specified in accordance with subsection (9)(a) must not be
earlier than—

(a) in the case of a periodic tenancy, the date on which the tenancy
could, apart from this Part, be brought to an end by notice to
25quit given by the landlord on the same day as the notice under
this section;

(b) in the case of a secure tenancy for a term certain, one month
after the date of the service of the notice.

(11) Where a notice under this section is served with respect to a secure
30tenancy for a term certain, it has effect also with respect to any periodic
tenancy arising on the termination of that tenancy by virtue of section
86; and subsection (10)(a) does not apply to the notice.

88 Review requirements for new ground

After section 85 of the Housing Act 1985 (extended discretion of court in certain
35proceedings for possession) there is inserted—

85ZA Review of decision to seek possession on absolute ground for anti-
social behaviour

(1) A tenant may request a review of a landlord’s decision to seek an order
for possession of a dwelling-house under section 84A if the interest of
40the landlord belongs to—

(a) a local housing authority, or

(b) a housing action trust.

(2) Such a request must be made in writing before the end of the period of
7 days beginning with the day on which the notice under section 83ZA
45is served.

Anti-social Behaviour, Crime and Policing BillPage 57

(3) On a request being duly made to it, the landlord must review its
decision.

(4) The landlord must notify the tenant in writing of the decision on the
review.

(5) 5If the decision is to confirm the original decision, the landlord must also
notify the tenant of the reasons for the decision.

(6) The review must be carried out, and the tenant notified, before the day
specified in the notice under section 83ZA as the day after which
proceedings for the possession of the dwelling-house may be begun.

(7) 10The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this section
that relates to an order for possession of a dwelling-house in England.

(8) The Welsh Ministers may by regulations make provision about the
procedure to be followed in connection with a review under this section
15that relates to an order for possession of a dwelling-house in Wales.

(9) Regulations under subsections (7) and (8) may, in particular, make
provision—

(a) requiring the decision on review to be made by a person of
appropriate seniority who was not involved in the original
20decision, and

(b) as to the circumstances in which the person concerned is
entitled to an oral hearing, and whether and by whom the
person may be represented at such a hearing.

(10) Regulations under this section—

(a) 25may contain transitional or saving provision;

(b) are to be made by statutory instrument which—

(i) in the case of regulations made by the Secretary of State,
is subject to annulment in pursuance of a resolution of
either House of Parliament;

(ii) 30in the case of regulations made by the Welsh Ministers,
is subject to annulment in pursuance of a resolution of
the National Assembly for Wales.

Absolute ground for possession: assured tenancies

89 Corresponding new ground and notice requirements for assured tenancies

(1) 35In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on
which court must order possession), after ground 7 there is inserted—

Ground 7A

Any of the following conditions is met.

Condition 1 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
40house, has been convicted of a serious offence, and

(b) the serious offence—

Anti-social Behaviour, Crime and Policing BillPage 58

(i) was committed (wholly or partly) in, or in the locality
of, the dwelling-house,

(ii) was committed elsewhere against a person with a
right (of whatever description) to reside in, or occupy
5housing accommodation in the locality of, the
dwelling-house, or

(iii) was committed elsewhere against the landlord of the
dwelling-house, or a person employed (whether or
not by the landlord) in connection with the exercise of
10the landlord’s housing management functions, and
directly or indirectly related to or affected those
functions.

Condition 2 is that a court has found in relevant proceedings that the
tenant, or a person residing in or visiting the dwelling-house, has
15breached a provision of an injunction under section 1 of the Anti-
social Behaviour, Crime and Policing Act 2013, other than a
provision requiring a person to participate in a particular activity,
and—

(a) the breach occurred in, or in the locality of, the dwelling-
20house, or

(b) the breach occurred elsewhere and the provision breached
was a provision intended to prevent—

(i) conduct that is capable of causing nuisance or
annoyance to a person with a right (of whatever
25description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) conduct that is capable of causing nuisance or
annoyance to the landlord of the dwelling-house, or a
30person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s
housing management functions, and that is directly
or indirectly related to or affects those functions.

Condition 3 is that the tenant, or a person residing in or visiting the
35dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2013 consisting of
a breach of a provision of a criminal behaviour order prohibiting a
person from doing anything described in the order, and the offence
involved—

(a) 40a breach that occurred in, or in the locality of, the dwelling-
house, or

(b) a breach that occurred elsewhere of a provision intended to
prevent—

(i) behaviour that causes or is likely to cause harassment,
45alarm or distress to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) behaviour that causes or is likely to cause harassment,
50alarm or distress to the landlord of the dwelling-
house, or a person employed (whether or not by the
landlord) in connection with the exercise of the

Anti-social Behaviour, Crime and Policing BillPage 59

landlord’s housing management functions, and that
is directly or indirectly related to or affects those
functions.

Condition 4 is that—

(a) 5the dwelling-house is or has been subject to a closure order
under section 73 of the Anti-social Behaviour, Crime and
Policing Act 2013, and

(b) access to the dwelling-house has been prohibited (under the
closure order or under a closure notice issued under section
1069 of that Act) for a continuous period of more than 48 hours.

Condition 5 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of an offence under—

(i) section 80(4) of the Environmental Protection Act
151990 (breach of abatement notice in relation to
statutory nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate
statutory nuisance etc.), and

(b) the nuisance concerned was noise emitted from the dwelling-
20house which was a statutory nuisance for the purposes of
Part 3 of that Act by virtue of section 79(1)(g) of that Act
(noise emitted from premises so as to be prejudicial to health
or a nuisance).

Condition 1, 2, 3, 4 or 5 is not met if—

(a) 25there is an appeal against the conviction, finding or order
concerned which has not been finally determined,
abandoned or withdrawn, or

(b) the final determination of the appeal results in the conviction,
finding or order being overturned.

30In this ground—

  • “relevant proceedings” means proceedings for contempt of
    court or proceedings under Schedule 2 to the Anti-social
    Behaviour, Crime and Policing Act 2013;

  • “serious offence” means an offence which—

    (a)

    35was committed on or after the day on which this
    ground comes into force,

    (b)

    is specified, or falls within a description specified, in
    Schedule 2A to the Housing Act 1985 at the time the
    offence was committed and at the time the court is
    40considering the matter, and

    (c)

    is not an offence that is triable only summarily by
    virtue of section 22 of the Magistrates’ Courts Act
    1980 (either-way offences where value involved is
    small).

(2) 45In section 8 of that Act (notice of proceedings for possession)—

(a) in subsection (3)(b), for “subsections (4)” there is substituted
“subsections (3A)”;