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14 Security of tenure: anti-social behaviour | |
(1) In the Housing Act 1985 (c. 68) section 82 (which makes provision in relation to | |
security of tenure) is amended as follows— | |
(a) in subsection (1) for the words from “of the court” to the end of the | |
subsection there is substituted “mentioned in subsection (1A)”; | 5 |
(b) after subsection (1) there is inserted the following subsection— | |
“(1A) These are the orders— | |
(a) an order of the court for the possession of the dwelling- | |
house; | |
(b) an order under subsection (3); | 10 |
(c) a demotion order under section 82A.” | |
(2) After section 82 of that Act there is inserted the following section— | |
“82A Demotion because of anti-social behaviour | |
(1) This section applies to a secure tenancy if the landlord is— | |
(a) a local housing authority; | 15 |
(b) a housing action trust; | |
(c) a registered social landlord. | |
(2) The landlord may apply to a county court for a demotion order. | |
(3) A demotion order has the following effect— | |
(a) the secure tenancy is terminated with effect from the date | 20 |
specified in the order; | |
(b) if the tenant remains in occupation of the dwelling-house after | |
that date a demoted tenancy is created with effect from that | |
date; | |
(c) it is a term of the demoted tenancy that any arrears of rent | 25 |
payable at the termination of the secure tenancy become | |
payable under the demoted tenancy; | |
(d) it is also a term of the demoted tenancy that any rent paid in | |
advance or overpaid at the termination of the secure tenancy is | |
credited to the tenant’s liability to pay rent under the demoted | 30 |
tenancy. | |
(4) The court must not make a demotion order unless it is satisfied— | |
(a) that the tenant or a person residing in or visiting the dwelling- | |
house has engaged or has threatened to engage in conduct to | |
which section 153A or 153B of the Housing Act 1996 (anti-social | 35 |
behaviour or use of premises for unlawful purposes) applies, | |
and | |
(b) that it is reasonable to make the order. | |
(5) Each of the following has effect in respect of a demoted tenancy at the | |
time it is created by virtue of an order under this section as it has effect | 40 |
in relation to the secure tenancy at the time it is terminated by virtue of | |
the order— | |
(a) the parties to the tenancy; | |
(b) the period of the tenancy; | |
(c) the amount of the rent; | 45 |
(d) the dates on which the rent is payable. | |
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(6) Subsection (5)(b) does not apply if the secure tenancy was for a fixed | |
term and in such a case the demoted tenancy is a weekly periodic | |
tenancy. | |
(7) If the landlord of the demoted tenancy serves on the tenant a statement | |
of any other express terms of the secure tenancy which are to apply to | 5 |
the demoted tenancy such terms are also terms of the demoted tenancy. | |
(8) For the purposes of this section a demoted tenancy is— | |
(a) a tenancy to which section 143A of the Housing Act 1996 applies | |
if the landlord of the secure tenancy is a local housing authority | |
or a housing action trust; | 10 |
(b) a tenancy to which section 20B of the Housing Act 1988 applies | |
if the landlord of the secure tenancy is a registered social | |
landlord.” | |
(3) In the Housing Act 1988 (c. 50) after section 6 (which makes provision about | |
fixing the terms of a statutory periodic tenancy) there is inserted the following | 15 |
section— | |
“6A Demotion because of anti-social behaviour | |
(1) This section applies to an assured tenancy if the landlord is a registered | |
social landlord. | |
(2) The landlord may apply to a county court for a demotion order. | 20 |
(3) A demotion order has the following effect— | |
(a) the assured tenancy is terminated with effect from the date | |
specified in the order; | |
(b) if the tenant remains in occupation of the dwelling-house after | |
that date a demoted tenancy is created with effect from that | 25 |
date; | |
(c) it is a term of the demoted tenancy that any arrears of rent | |
payable at the termination of the assured tenancy become | |
payable under the demoted tenancy; | |
(d) it is also a term of the demoted tenancy that any rent paid in | 30 |
advance or overpaid at the termination of the assured tenancy | |
is credited to the tenant’s liability to pay rent under the | |
demoted tenancy. | |
(4) The court must not make a demotion order unless it is satisfied— | |
(a) that the tenant or a person residing in or visiting the dwelling- | 35 |
house has engaged or has threatened to engage in conduct to | |
which section 153A or 153B of the Housing Act 1996 (anti-social | |
behaviour or use of premises for unlawful purposes) applies, | |
and | |
(b) that it is reasonable to make the order. | 40 |
(5) Each of the following has effect in respect of a demoted tenancy at the | |
time it is created by virtue of an order under this section as it has effect | |
in relation to the assured tenancy at the time it is terminated by virtue | |
of the order— | |
(a) the parties to the tenancy; | 45 |
(b) the period of the tenancy; | |
(c) the amount of the rent; | |
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(d) the dates on which the rent is payable. | |
(6) Subsection (5)(b) does not apply if the assured tenancy was for a fixed | |
term and in such a case the demoted tenancy is a weekly periodic | |
tenancy. | |
(7) If the landlord of the demoted tenancy serves on the tenant a statement | 5 |
of any other express terms of the assured tenancy which are to apply to | |
the demoted tenancy such terms are also terms of the demoted tenancy. | |
(8) For the purposes of this section a demoted tenancy is a tenancy to | |
which section 20B of the Housing Act 1988 applies.” | |
(4) Schedule 1 amends the Housing Act 1996 (c. 52) and the Housing Act 1985 | 10 |
(c. 68). | |
15 Demoted assured shorthold tenancies | |
(1) In the Housing Act 1988 (c. 50) after section 20A (duty of landlord to provide | |
statement of terms for certain tenancies) there is inserted the following | |
section— | 15 |
“20B Demoted assured shorthold tenancies | |
(1) An assured tenancy is an assured shorthold tenancy to which this | |
section applies (a demoted assured shorthold tenancy) if— | |
(a) the tenancy is created by virtue of an order of the court under | |
section 82A of the Housing Act 1985 or section 6A of this Act (a | 20 |
demotion order), and | |
(b) the landlord is a registered social landlord. | |
(2) At the end of the period of one year starting with the day when the | |
demotion order takes effect a demoted assured shorthold tenancy | |
ceases to be an assured shorthold tenancy unless subsection (3) applies. | 25 |
(3) This subsection applies if before the end of the period mentioned in | |
subsection (2) the landlord gives notice of proceedings for possession | |
of the dwelling house. | |
(4) If subsection (3) applies the tenancy continues to be a demoted assured | |
shorthold tenancy until the end of the period mentioned in subsection | 30 |
(2) or (if later) until one of the following occurs— | |
(a) the notice of proceedings for possession is withdrawn; | |
(b) the proceedings are determined in favour of the tenant; | |
(c) the period of six months beginning with the date on which the | |
notice is given ends and no proceedings for possession have | 35 |
been brought. | |
(5) Registered social landlord has the same meaning as in Part 1 of the | |
Housing Act 1996.” | |
(2) In section 21 of that Act (recovery of possession on expiry or termination of | |
assured shorthold tenancy) after subsection (5) there is inserted the following | 40 |
subsection— | |
“(5A) Subsection (5) above does not apply to an assured shorthold tenancy to | |
which section 20B (demoted assured shorthold tenancies) applies.” | |
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(3) In Schedule 2A of that Act (assured tenancies which are not shorthold | |
tenancies) after paragraph 5 (former secure tenancies) there is inserted the | |
following paragraph— | |
“Former demoted tenancies | |
5A. An assured tenancy which ceases to be an assured shorthold tenancy | 5 |
by virtue of section 20B(2) or (4).” | |
16 Proceedings for possession: anti-social behaviour | |
(1) In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s | |
discretion in certain proceedings for possession) there is inserted the following | |
section— | 10 |
“85A Proceedings for possession: anti-social behaviour | |
(1) This section applies if the court is considering under section 84(2)(a) | |
whether it is reasonable to make an order for possession on ground 2 | |
set out in Part 1 of Schedule 2 (conduct of tenant or other person). | |
(2) The court must consider, in particular— | 15 |
(a) the effect that the nuisance or annoyance has had on persons | |
other than the person against whom the order is sought; | |
(b) any continuing effect the nuisance or annoyance is likely to | |
have on such persons; | |
(c) the effect that the nuisance or annoyance would be likely to | 20 |
have on such persons if the conduct is repeated.” | |
(2) In the Housing Act 1988 (c. 50) after section 9 (which extends the Court’s | |
discretion in certain proceedings for possession) there is inserted the following | |
section— | |
“9A Proceedings for possession: anti-social behaviour | 25 |
(1) This section applies if the court is considering under section 7(4) | |
whether it is reasonable to make an order for possession on ground 14 | |
set out in Part 2 of Schedule 2 (conduct of tenant or other person). | |
(2) The court must consider, in particular— | |
(a) the effect that the nuisance or annoyance has had on persons | 30 |
other than the person against whom the order is sought; | |
(b) any continuing effect the nuisance or annoyance is likely to | |
have on such persons; | |
(c) the effect that the nuisance or annoyance would be likely to | |
have on such persons if the conduct is repeated.” | 35 |
17 Devolution: Wales | |
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | |
Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as | |
references to those Acts as amended by virtue of this Part— | |
(a) the Housing Act 1985; | 40 |
(b) the Housing Act 1988; | |
(c) the Housing Act 1996 (c. 52). | |
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Part 3 | |
Parental responsibilities | |
Parenting orders under the 1998 Act | |
18 Parenting orders under the 1998 Act | |
(1) Section 8 of the Crime and Disorder Act 1998 (c. 37) is amended as follows. | 5 |
(2) For subsections (4) and (5) substitute— | |
“(4) A parenting order is an order which requires the parent— | |
(a) to comply, for a period not exceeding twelve months, with such | |
requirements as are specified in the order, and | |
(b) subject to subsection (5) below, to attend, for a concurrent | 10 |
period not exceeding three months, such counselling or | |
guidance programme as may be specified in directions given by | |
the responsible officer. | |
(5) A parenting order may, but need not, include such a requirement as is | |
mentioned in subsection (4)(b) above in any case where a parenting | 15 |
order under this section or any other enactment has been made in | |
respect of the parent on a previous occasion.” | |
(3) After subsection (7) insert— | |
“(7A) A counselling or guidance programme which a parent is required to | |
attend by virtue of subsection (4)(b) above may be or include a | 20 |
residential course but only if the court is satisfied— | |
(a) that the attendance of the parent at a residential course is likely | |
to be more effective than his attendance at a non-residential | |
course in preventing any such repetition or, as the case may be, | |
the commission of any such further offence, and | 25 |
(b) that any interference with family life which is likely to result | |
from the attendance of the parent at a residential course is | |
proportionate in all the circumstances.” | |
Truancy and exclusion from school | |
19 Parenting contracts in cases of exclusion from school or truancy | 30 |
(1) This section applies where a pupil has been excluded on disciplinary grounds | |
from a relevant school for a fixed period or permanently. | |
(2) This section also applies where a child of compulsory school age has failed to | |
attend regularly at a relevant school at which he is a registered pupil. | |
(3) A local education authority or the governing body of a relevant school may | 35 |
enter into a parenting contract with a parent of the pupil or child. | |
(4) A parenting contract is a document which contains— | |
(a) a statement by the parent that he agrees to comply with such | |
requirements as may be specified in the document for such period as | |
may be so specified, and | 40 |
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(b) a statement by the local education authority or governing body that it | |
agrees to provide support to the parent for the purpose of complying | |
with those requirements. | |
(5) The requirements mentioned in subsection (4) may include (in particular) a | |
requirement to attend a counselling or guidance programme. | 5 |
(6) The purpose of the requirements mentioned in subsection (4)— | |
(a) in a case falling within subsection (1), is to improve the behaviour of the | |
pupil, | |
(b) in a case falling within subsection (2), is to ensure that the child attends | |
regularly at the relevant school at which he is a registered pupil. | 10 |
(7) A parenting contract must be signed by the parent and signed on behalf of the | |
local education authority or governing body. | |
(8) A parenting contract does not create any obligations in respect of whose breach | |
any liability arises in contract or in tort. | |
(9) Local education authorities and governing bodies of relevant schools must, in | 15 |
carrying out their functions in relation to parenting contracts, have regard to | |
any guidance which is issued by the appropriate person from time to time for | |
that purpose. | |
20 Parenting orders in cases of exclusion from school | |
(1) This section applies where— | 20 |
(a) a pupil has been excluded on disciplinary grounds from a relevant | |
school for a fixed period or permanently, and | |
(b) such conditions as may be prescribed in regulations made by the | |
appropriate person are satisfied. | |
(2) A local education authority may apply to a magistrates’ court for a parenting | 25 |
order in respect of a parent of the pupil. | |
(3) If such an application is made, the court may make a parenting order in respect | |
of a parent of the pupil if it is satisfied that making the order would be desirable | |
in the interests of improving the behaviour of the pupil. | |
(4) A parenting order is an order which requires the parent— | 30 |
(a) to comply, for a period not exceeding twelve months, with such | |
requirements as are specified in the order, and | |
(b) subject to subsection (5), to attend, for a concurrent period not | |
exceeding three months, such counselling or guidance programme as | |
may be specified in directions given by the responsible officer. | 35 |
(5) A parenting order under this section may, but need not, include a requirement | |
mentioned in subsection (4)(b) in any case where a parenting order under this | |
section or any other enactment has been made in respect of the parent on a | |
previous occasion. | |
(6) A counselling or guidance programme which a parent is required to attend by | 40 |
virtue of subsection (4)(b) may be or include a residential course but only if the | |
court is satisfied that the following two conditions are fulfilled. | |
(7) The first condition is that the attendance of the parent at a residential course is | |
likely to be more effective than his attendance at a non-residential course in | |
improving the behaviour of the pupil. | 45 |
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(8) The second condition is that any interference with family life which is likely to | |
result from the attendance of the parent at a residential course is proportionate | |
in all the circumstances. | |
21 Parenting orders: supplemental | |
(1) In deciding whether to make a parenting order under section 20, a court must | 5 |
take into account (amongst other things)— | |
(a) any refusal by the parent to enter into a parenting contract under | |
section 19 in respect of the pupil in a case falling within subsection (1) | |
of that section, or | |
(b) if the parent has entered into such a parenting contract, any failure by | 10 |
the parent to comply with the requirements specified in the contract. | |
(2) Before making a parenting order under section 20 in the case of a pupil under | |
the age of 16, a court must obtain and consider information about the pupil’s | |
family circumstances and the likely effect of the order on those circumstances. | |
(3) Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) | 15 |
(supplemental provisions about parenting orders) are to apply in relation to a | |
parenting order under section 20 as they apply in relation to a parenting order | |
under section 8 of that Act. | |
(4) The appropriate person may by regulations make provision as to how the costs | |
associated with the requirements of parenting orders under section 20 | 20 |
(including the costs of providing counselling or guidance programmes) are to | |
be borne. | |
(5) Local education authorities, head teachers and responsible officers must, in | |
carrying out their functions in relation to parenting orders, have regard to any | |
guidance which is issued by the appropriate person from time to time for that | 25 |
purpose. | |
22 Parenting orders: appeals | |
(1) An appeal lies to the Crown Court against the making of a parenting order | |
under section 20. | |
(2) Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 | 30 |
(appeals against parenting orders) are to apply in relation to an appeal under | |
this section as they apply in relation to an appeal under subsection (1)(b) of that | |
section. | |
23 Penalty notices for parents in cases of truancy | |
(1) After section 444 of the Education Act 1996 (c. 56) (failure to secure regular | 35 |
attendance at school of registered pupil) insert— | |
“444A Penalty notice in respect of failure to secure regular attendance at | |
school of registered pupil | |
(1) Where an authorised officer has reason to believe— | |
(a) that a person has committed an offence under section 444(1), | 40 |
and | |
(b) that the school to which the offence relates is a relevant school | |
in England, | |
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