These pages contains material dealing with the following topics:Demoted tenancies.
Injunctions under the Housing Act 1996 (as amended)
Possession orders in anti-social behaviour cases.
Click on the relevant topic in the contents section on the left.
This page also contains links and information to provisions in the Anti-social Behaviour Act 2003 and the Housing Act 2004 relating to anti-social behaviour - see below.
Anti-social Behaviour Act 2003
Commencement
Anti-Social Behaviour Act 2003 Part II of the Act gives councils and social landlords additional powers to deal with anti-social behaviour including applying for injunctions and demotion orders demoting tenancies (see below). Works by amending various earlier statutory provisions in particular the Housing Acts 1985, 1988 and 1996.
Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004. England. In force 30 June 2004.
Anti-Social Behaviour Act 2003 (Commencement No 2 and Savings)(Wales) Order 2004. Wales. In force 30 September 2004. (Welsh version)
Anti-social Behaviour Act 2003 (Commencement No 4)(Wales) Order 2005 (SI 1225) - Commencement order for Wales bringing into force, amongst other things, the ability for social landlords to apply for demotion orders 30 April 2005.
Code of guidance
Anti-Social Behaviour: Policy and Procedure
This Code gives guidance on how local housing authorities and Housing Action Trusts in England should prepare and review their policies and procedures in relation to anti-social behaviour.
Articles- "Just Plain Anti-social" by Nic Madge - Examines the Anti-Social Behaviour Act 2003 and the changes to housing law in force on 30 June 2004; in particular the demotion tenancy that can be used against misbehaving tenants in the social sector. (Law Society Gazette 27 May 2004, p36).
- A bow without a string? by Dean Underwood Considers the introduction of these provisions and discusses whether or not the provisions will work or are fair. (Solicitors Journal, 2 July 2004, p771)
- Taking action against harassment by Daniel Dovar and Chris Bernard Focusses on two aspects of claims under the Harassment Act 1997; damages and enforcement and discusses the use of the Act by RSLs (Solicitors Journal, 5 December 2003, p1386).
Housing Act 2004
The Housing Act 2004 (Commencement No.3) (England) Order 2005 (SI 2005/1451)
The following provisions of the 2004 Act relating to anti-social behaviour were brought into force in England on 6 June 2005s179 - amends the Housing Act 1985 by inserting new sections 125A and 125B which allow an introductory tenancy to be extended by up to six months;
s191 - amends Schedule 3 to the Housing Act 1985 by inserting a new ground 2A which allows a landlord to withhold consent to a mutual exchange of secure tenancies if a specified type of injunction, a demotion order, an anti-social behaviour order or a possession order granted on the grounds of nuisance is in force or if court action to obtain such an order is pending;
s192 - amends the Housing Act 1985 by inserting a new s121A which enables landlords of secure tenants to seek an order from the court suspending the right to buy for a specified period on the grounds of anti-social behaviour;
s193 - amends s138 of the Housing Act 1985 by inserting new subsections (2A) to (2D) which prevent a tenant being able to compel completion of a right to buy sale if an application is pending for a demotion order, a suspension order, or a possession order sought on the grounds of anti-social behaviour;
s194 - which allows any person to provide relevant information to the landlord of a secure tenant to enable the landlord to exercise functions connected with the provisions inserted by ss 191 to 193 of the Act.
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