Part V E+W Conduct of tenants

Chapter II E+W Repossession, &c.: Secure and Assured Tenancies

Assured tenancies E+W

149 New ground of domestic violence: assured tenancies. E+W

After Ground 14 in Schedule 2 to the Housing Act 1988 (as substituted by section 148) insert—

“ Ground 14A

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

(a) one or both of the partners is a tenant of the dwelling-house,

(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust,

(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—

(i) that partner, or

(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and

(d) the court is satisfied that the partner who has left is unlikely to return.

For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the M1 Housing Act 1996 and “charitable housing trust” means a housing trust, within the meaning of the M2 Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.”.

Commencement Information

I1 S. 149 wholly in force at 28.2.1997 by S.I. 1997/225, art. 2 (subject to savings in the Sch. to that S.I.)

Marginal Citations

M1 1985 c. 69.

M2 1993 c. 10.