Part 6Other provisions about housing
Chapter 1Secure tenancies
Suspension of certain rights in connection with anti-social behaviour
I1192Right to buy: suspension by court order
1
In section 121 of the Housing Act 1985 (circumstances in which right to buy cannot be exercised), after subsection (2) insert—
3
The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.
2
After section 121 of that Act insert—
121AOrder suspending right to buy because of anti-social behaviour
1
The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.
2
A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order (“the suspension period”).
3
The court must not make a suspension order unless 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 applies (anti-social behaviour or use of premises for unlawful purposes), and
b
that it is reasonable to make the order.
4
When deciding whether it is reasonable to make the order, the court must consider, in particular—
a
whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and
b
where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
5
Where a suspension order is made—
a
any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and
b
section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but
c
the order does not affect the computation of any period in accordance with Schedule 4.
6
The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.
7
The court must not make such a further order unless it is satisfied—
a
that, since the making of the suspension order (or the last order under subsection (6)), 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 applies, and
b
that it is reasonable to make the further order.
8
When deciding whether it is reasonable to make such a further order, the court must consider, in particular—
a
whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and
b
where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
9
In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.
3
Regulations under—
a
section 171C of that Act (modifications of Part 5 in relation to preserved right to buy), or
b
section 17 of the Housing Act 1996 (c. 52) (application of that Part in relation to right to acquire dwelling),
may make provision for continuing the effect of a suspension order where the secure tenancy in respect of which the order was made has been replaced by an assured tenancy.