OpenLegislation

Paragraph

  • F1Either—

    1. (a)

      a relevant order F2, a suspended anti-social behaviour possession order or a suspended riot-related possession order is in force, or

    2. (b)

      an application is pending before any court for a relevant order, a demotion order F3, an anti-social behaviour possession order or a riot-related possession order to be made,

    in respect of the tenant or the proposed assignee or a person who is residing with either of them.

  • A “relevant order” means—

    • an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);

    • an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);

    • an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);

    • an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; F4...

    • an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 F5or section 27 of the Police and Justice Act 2006.

    • F6F7a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;

    • an injunction under Part 1 of that Act;

    • F8a criminal behaviour order within the meaning given by section 330 of the Sentencing Code.

  • F9 An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.

  • A “demotion order” means a demotion order under section 82A of this Act F10or section 6A of the Housing Act 1988.

  • F11 A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988.

  • F12...

  • Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.

Annotations

Textual amendments

F1

Sch. 3 Ground 2A inserted (6.6.2005 for E. and 14.7.2005 for W.) by Housing Act 2004 (c. 34), ss. 191, 270(4)(5); S.I. 2005/1451, art. 2(b); S.I. 2005/1814, art. 2(a)

F2

Words in Sch. 3 Ground 2A substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F3

Words in Sch. 3 Ground 2A substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F4

Word in Sch. 3 Ground 2A omitted (20.10.2014 for E., 21.10.2014 for W.) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(viii)

F5

Words in Sch. 3 Ground 2A inserted (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

F6

Words in Sch. 3 Ground 2A inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 15(4)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(viii)

F7

Words in Sch. 3 Ground 2A substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 24 (with s. 2(3)); S.I. 2026/960, reg. 4(g)

F8

Words in Sch. 3 Ground 2A substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 85 (with Sch. 27); S.I. 2020/1236, reg. 2

F9

Words in Sch. 3 Ground 2A inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F10

Words in Sch. 3 Ground 2A omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 17 (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F11

Words in Sch. 3 Ground 2A inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(6) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)

F12

Words in Sch. 3 Ground 2A omitted (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 15(7) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(a)