Office of Public Sector Information
PART V continued CHAPTER II continued
(1) For section 83 of the Housing Act 1985 (notice of proceedings for possession or termination) substitute—
(1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy or proceedings for the termination of a secure tenancy unless—
(a) the landlord has served a notice on the tenant complying with the provisions of this section, or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(2) A notice under this section shall—
(a) be in a form prescribed by regulations made by the Secretary of State,
(b) specify the ground on which the court will be asked to make an order for the possession of the dwelling-house or for the termination of the tenancy, and
(c) give particulars of that ground.
(3) Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—
(a) shall also—
(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and
(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and
(b) ceases to be in force twelve months after the date so specified.
(4) Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—
(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
(b) ceases to be in force twelve months after the date so specified.
(5) The date specified in accordance with subsection (3) or (4) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.
(6) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.
(7) Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
(1) Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.
(2) Where—
(a) a notice under section 83 has been served on a tenant, and
(b) a date after which proceedings may be begun has been specified in the notice in accordance with subsection (4)(a) of that section,
the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.
(3) Where—
(a) the ground or one of the grounds specified in a notice under section 83 is Ground 2A in Schedule 2 (domestic violence), and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,
the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.
This subsection has effect subject to subsection (5).
(4) Where—
(a) Ground 2A in Schedule 2 is added to a notice under section 83 with the leave of the court after proceedings for possession are begun, and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,
the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.
This subsection has effect subject to subsection (5).
(5) Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in the notice under section 83, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.
(6) A notice under this subsection shall—
(a) state that proceedings for the possession of the dwelling-house have begun,
(b) specify the ground or grounds on which possession is being sought, and
(c) give particulars of the ground or grounds.”
(2) In section 84 of that Act (grounds and orders for possession), for subsection (3) substitute—
“(3) Where a notice under section 83 has been served on the tenant, the court shall not make such an order on any of those grounds above unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.
(4) Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.”
(3) In Schedule 2 to that Act, in Ground 16, after “notice of the proceedings for possession was served under section 83” insert “(or, where no such notice was served, the proceedings for possession were begun)”.
For Ground 14 in Schedule 2 to the [1988 c. 50.] Housing Act 1988 (nuisance or annoyance to adjoining occupiers etc.) substitute—
The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.”
After Ground 14 in Schedule 2 to the Housing Act 1988 (as substituted by section 148) insert—
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 [1985 c. 69.] Housing Act 1996 and “charitable housing trust” means a housing trust, within the meaning of the [1993 c. 10.] Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.”
After section 8 of the Housing Act 1988 insert—
(1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—
(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or
(b) the court considers it just and equitable to dispense with such requirements as to service.
(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—
(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(3) A notice under this subsection shall—
(a) state that proceedings for the possession of the dwelling-house have begun,
(b) specify the ground or grounds on which possession is being sought, and
(c) give particulars of the ground or grounds.”
(1) Section 8 of the [1988 c. 50.] Housing Act 1988 (notice of proceedings for possession) is amended as follows.
(2) In subsection (1)(a) for the words “subsections (3) and (4)” substitute “subsections (3) to (4B)”.
(3) In subsection (3)(b) for the words from “which,” to “of the notice” substitute “in accordance with subsections (4) to (4B) below”.
(4) For subsection (4) substitute—
“(4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.
(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—
(a) two months from the date of service of the notice; and
(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.”
(1) The High Court or a county court may, on an application by a local authority, grant an injunction prohibiting a person from—
(a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises to which this section applies or in the locality of such premises,
(b) using or threatening to use residential premises to which this section applies for immoral or illegal purposes, or
(c) entering residential premises to which this section applies or being found in the locality of any such premises.
(2) This section applies to residential premises of the following descriptions—
(a) dwelling-houses held under secure or introductory tenancies from the local authority;
(b) accommodation provided by that authority under Part VII of this Act or Part III of the [1985 c. 68.] Housing Act 1985 (homelessness).
(3) The court shall not grant an injunction under this section unless it is of the opinion that—
(a) the respondent has used or threatened to use violence against any person of a description mentioned in subsection (1)(a), and
(b) there is a significant risk of harm to that person or a person of a similar description if the injunction is not granted.
(4) An injunction under this section may—
(a) in the case of an injunction under subsection (1)(a) or (b), relate to particular acts or to conduct, or types of conduct, in general or to both, and
(b) in the case of an injunction under subsection (1)(c), relate to particular premises or a particular locality;
and may be made for a specified period or until varied or discharged.
(5) An injunction under this section may be varied or discharged by the court on an application by—
(a) the respondent, or
(b) the local authority which made the original application.
(6) The court may attach a power of arrest to one or more of the provisions of an injunction which it intends to grant under this section.
(7) The court may, in any case where it considers that it is just and convenient to do so, grant an injunction under this section, or vary such an injunction, even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.
If the court does so, it must afford the respondent an opportunity to make representations relating to the injunction or variation as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court.
(8) In this section “local authority” has the same meaning as in the [1985 c. 68.] Housing Act 1985.
(1) In the circumstances set out in this section, the High Court or a county court may attach a power of arrest to one or more of the provisions of an injunction which it intends to grant in relation to a breach or anticipated breach of the terms of a tenancy.
(2) The applicant is—
(a) a local housing authority,
(b) a housing action trust,
(c) a registered social landlord, or
(d) a charitable housing trust,
acting in its capacity as landlord of the premises which are subject to the tenancy.
(3) The respondent is the tenant or a joint tenant under the tenancy agreement.
(4) The tenancy is one by virtue of which—
(a) a dwelling-house is held under an introductory, secure or assured tenancy, or
(b) accommodation is provided under Part VII of this Act or Part III of the Housing Act 1985 (homelessness).
(5) The breach or anticipated breach of the terms of the tenancy consists of the respondent—
(a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,
(b) using or threatening to use the premises for immoral or illegal purposes, or
(c) allowing any sub-tenant or lodger of his or any other person residing (whether temporarily or otherwise) on the premises or visiting them to act as mentioned in paragraph (a) or (b).
(6) The court is of the opinion that—
(a) the respondent or any person mentioned in subsection (5)(c) has used or threatened violence against a person residing, visiting or otherwise engaging in a lawful activity in the locality, and
(b) there is a significant risk of harm to that person or a person of a similar description if the power of arrest is not attached to one or more provisions of the injunction immediately.
(7) Nothing in this section prevents the grant of an injunction relating to other matters, in addition to those mentioned above, in relation to which no power of arrest is attached.
(1) In determining whether to exercise its power under section 152(6) or section 153 to attach a power of arrest to an injunction which it intends to grant on an ex-parte application, the High Court or a county court shall have regard to all the circumstances including—
(a) whether it is likely that the applicant will be deterred or prevented from seeking the exercise of the power if the power is not exercised immediately, and
(b) whether there is reason to believe that the respondent is aware of the proceedings for the injunction but is deliberately evading service and that the applicant or any person of a description mentioned in 152(1)(a) or section 153(5)(a) (as the case may be) will be seriously prejudiced if the decision as to whether to exercise the power were delayed until substituted service is effected.
(2) Where the court exercises its power as mentioned in subsection (1), it shall afford the respondent an opportunity to make representations relating to the exercise of the power as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court.
(1) If a power of arrest is attached to certain provisions of an injunction by virtue of section 152(6) or section 153, a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of any such provision or otherwise in contempt of court in relation to a breach of any such provision.
A constable shall after making any such arrest forthwith inform the person on whose application the injunction was granted.
(2) Where a person is arrested under subsection (1)—
(a) he shall be brought before the relevant judge within the period of 24 hours beginning at the time of his arrest, and
(b) if the matter is not then disposed of forthwith, the judge may remand him.
In reckoning for the purposes of this subsection any period of 24 hours no account shall be taken of Christmas Day, Good Friday or any Sunday.
(3) If the court has granted an injunction in circumstances such that a power of arrest could have been attached under section 152(6) or section 153 but—
(a) has not attached a power of arrest under the section in question to any provisions of the injunction, or
(b) has attached that power only to certain provisions of the injunction,
then, if at any time the applicant considers that the respondent has failed to comply with the injunction, he may apply to the relevant judge for the issue of a warrant for the arrest of the respondent.
(4) The relevant judge shall not issue a warrant on an application under subsection (3) unless—
(a) the application is substantiated on oath, and
(b) he has reasonable grounds for believing that the respondent has failed to comply with the injunction.
(5) If a person is brought before a court by virtue of a warrant issued under subsection (4) and the court does not dispose of the matter forthwith, the court may remand him.
(6) Schedule 15 (which makes provision corresponding to that applying in magistrates' courts in civil cases under sections 128 and 129 of the [1980 c. 43.] Magistrates' Courts Act 1980) applies in relation to the powers of the High Court and a county court to remand a person under this section.
(7) If a person remanded under this section is granted bail by virtue of subsection (6), he may be required by the relevant judge to comply, before release on bail or later, with such requirements as appear to the judge to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.
(1) If the relevant judge has reason to consider that a medical report will be required, any power to remand a person under section 155 may be exercised for the purpose of enabling a medical examination and report to be made.
(2) If such a power is so exercised the adjournment shall not be for more than 4 weeks at a time unless the judge remands the accused in custody.
(3) If the judge so remands the accused, the adjournment shall not be for more than 3 weeks at a time.
(4) If there is reason to suspect that a person who has been arrested—
(a) under section 155(1), or
(b) under a warrant issued under section 155(4),
is suffering from mental illness or severe mental impairment, the relevant judge shall have the same power to make an order under section 35 of the [1983 c. 20.] Mental Health Act 1983 (remand for report on accused’s mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.
(1) If in exercise of its power under section 152(6) or section 153 the High Court or a county court attaches a power of arrest to any provisions of an injunction, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the injunction.
(2) Any period specified for the purposes of subsection (1) may be extended by the court (on one or more occasions) on an application to vary or discharge the injunction.
(3) If a power of arrest has been attached to certain provisions of an injunction by virtue of section 152(6) or section 153, the court may vary or discharge the injunction in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the injunction).
(4) An injunction may be varied or discharged under subsection (3) on an application by the respondent or the person on whose application the injunction was made.
(1) For the purposes of this Chapter—
“charitable housing trust” means a housing trust, within the meaning of the [1985 c. 69.] Housing Associations Act 1985, which is a charity within the meaning of the [1993 c. 10.] Charities Act 1993;
“child” means a person under the age of 18 years;
“harm”—
in relation to a person who has reached the age of 18 years, means ill-treatment or the impairment of health, and
in relation to a child, means ill-treatment or the impairment of health or development;
“health” includes physical or mental health;
“ill-treatment”, in relation to a child, includes sexual abuse and forms of ill-treatment which are not physical;
“relevant judge”, in relation to an injunction, means—
where the injunction was granted by the High Court, a judge of that court,
where the injunction was granted by a county court, a judge or district judge of that or any other county court;
“tenancy” includes a licence, and “tenant” and “landlord” shall be construed accordingly.
(2) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
Housing Act 1996