SCHEDULES

SCHEDULE 11Minor and consequential amendments

PART 1Amendments relating to Parts 1 to 6

Housing Act 1988 (c. 50)

17

1

Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows.

2

In subsection (4), for paragraph (a) there is substituted—

a

that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—

i

conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

ii

conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

3

After subsection (10) there is inserted—

10A

In subsection (4)(a)(ii) “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

any common areas used in connection with the accommodation.

18

1

Section 7 of that Act (orders for possession) is amended as follows.

2

In subsection (3), after “below” there is inserted “ (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998) ”.

3

In subsection (5A)(a), for “and 5” there is substituted “ , 5 and 7A ”.

4

In subsection (6)(a), after “Ground 2” there is inserted “ , Ground 7A ”.

19

In the heading of section 9A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

I1I220

In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i), for “ground 14” there is substituted “ ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA ”.