The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015
These Regulations come into force on 6th April 2015. As of this date new forms have been prescribed for specific notices and applications. The affected prescribed forms have been listed of which Section 8 and Section 13 have been specifically expanded upon.
Form 3 prescribed by the 1997 Regulations has been reproduced with minor drafting amendments and with other amendments consequential on the Anti-social Behaviour, Crime and Policing Act 2014.
Housing Act 1988 Section 8 and Section 13 Changes
Key relevant sections of the Housing Act 1988 impacted by the Deregulation Act 2015 have been explained.
Ground 7A (mandatory)
The court will be required to grant possession under the new ground (ground 7A) if any of one of the five conditions in that ground is met. The five conditions relate to anti-social behaviour by the tenant, a member of the tenant’s household or a visitor to the property.
Condition 1, 2 or 3 will be met if the tenant, a member of the tenant’s household or a person visiting the property has been:
- convicted of a serious offence (which is one of the offences set out in new Schedule 2A to the 1985 Act as inserted by subsection (2) of section 94 and Schedule 3 to the Act);
- found by a court to have breached an injunction obtained under section 1 of the Act; or
- convicted for breach of a criminal behaviour order obtained under section 22 of the Act.
The offence or anti-social conduct must have been committed in the dwelling-house or in the locality of the dwelling-house, affected a person with a right to live in the locality of the dwelling-house or affected the landlord or a person connected with the landlord’s housing management functions.
Condition 4 will be met if the tenant’s property has been closed under a closure order obtained under section 80 of the Act as a result of anti-social behaviour in or near the property and the total period of closure (under the order or under a preceding closure notice) was more than 48 hours.
Condition 5 will be met if the tenant, a member of the tenant’s household or a person visiting the property has been convicted for breach of a notice or order to abate noise in relation to the tenant’s property under the Environmental Protection Act 1990.
For further information regarding the limitations of the aforementioned conditions please contact the office.
Ground 14 (discretionary)
This amends the existing discretionary grounds for possession for anti-social behaviour (ground 14) so that they also apply where anti-social behaviour occurs outside the locality of the dwelling-house. The amendments allow a landlord to apply for possession of a secure or assured tenant’s property where the tenant or a person living in or visiting the tenant’s property has been guilty of conduct that is likely to cause nuisance or annoyance to the landlord, or a person employed in connection with the exercise of the landlord’s housing management functions.
Ground 14ZA (discretionary)
This section adds a new discretionary ground for possession so that a landlord can apply for possession of a secure or assured tenant’s property where the tenant or an adult living in the tenant’s property has been convicted of an indictable offence committed at the scene of a riot which took place anywhere in the UK.