Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

(a) in the case of a periodic tenancy, 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 day as the notice under
this section;

(b) 5in the case of a secure tenancy for a term certain, one month
after the date of the service of the notice.

(11) 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
1086; and subsection (10)(a) does not apply to the notice.”

95 Review requirements for new ground

After section 85 of the Housing Act 1985 (extended discretion of court in certain
proceedings for possession) there is inserted—

“85ZA Review of decision to seek possession on absolute ground for anti-
15social behaviour

(1) A tenant may request a review of a landlord’s decision to seek an order
for possession of a dwelling-house under section 84A if the interest of
the landlord belongs to—

(a) a local housing authority, or

(b) 20a housing action trust.

(2) Such a request must be made in writing before the end of the period of
7 days beginning with the day on which the notice under section 83ZA
is served.

(3) On a request being duly made to it, the landlord must review its
25decision.

(4) The landlord must notify the tenant in writing of the decision on the
review.

(5) If the decision is to confirm the original decision, the landlord must also
notify the tenant of the reasons for the decision.

(6) 30The review must be carried out, and the tenant notified, before the day
specified in the notice under section 83ZA as the day after which
proceedings for the possession of the dwelling-house may be begun.

(7) The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this section
35that relates to an order for possession of a dwelling-house in England.

(8) The Welsh Ministers may by regulations make provision about the
procedure to be followed in connection with a review under this section
that relates to an order for possession of a dwelling-house in Wales.

(9) Regulations under subsections (7) and (8) may, in particular, make
40provision—

(a) requiring the decision on review to be made by a person of
appropriate seniority who was not involved in the original
decision, and

(b) as to the circumstances in which the person concerned is
entitled to an oral hearing, and whether and by whom the
person may be represented at such a hearing.

(10) Regulations under this section—

(a) 5may contain transitional or saving provision;

(b) are to be made by statutory instrument which—

(i) in the case of regulations made by the Secretary of State,
is subject to annulment in pursuance of a resolution of
either House of Parliament;

(ii) 10in the case of regulations made by the Welsh Ministers,
is subject to annulment in pursuance of a resolution of
the National Assembly for Wales.”

Absolute ground for possession: assured tenancies

96 Corresponding new ground and notice requirements for assured tenancies

(1) 15In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on
which court must order possession), after ground 7 there is inserted—

“Ground 7A

Any of the following conditions is met.

Condition 1 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
20house, has been convicted of a serious offence, and

(b) the serious offence—

(i) was committed (wholly or partly) in, or in the locality
of, the dwelling-house,

(ii) was committed elsewhere against a person with a
25right (of whatever description) to reside in, or occupy
housing accommodation in the locality of, the
dwelling-house, or

(iii) was committed elsewhere against the landlord of the
dwelling-house, or a person employed (whether or
30not by the landlord) in connection with the exercise of
the landlord’s housing management functions, and
directly or indirectly related to or affected those
functions.

Condition 2 is that a court has found in relevant proceedings that the
35tenant, or a person residing in or visiting the dwelling-house, has
breached a provision of an injunction under section 1 of the Anti-
social Behaviour, Crime and Policing Act 2014, other than a
provision requiring a person to participate in a particular activity,
and—

(a) 40the breach occurred in, or in the locality of, the dwelling-
house, or

(b) the breach occurred elsewhere and the provision breached
was a provision intended to prevent—

(i) conduct that is capable of causing nuisance or
45annoyance to a person with a right (of whatever

description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) conduct that is capable of causing nuisance or
5annoyance to the landlord of the dwelling-house, or a
person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s
housing management functions, and that is directly
or indirectly related to or affects those functions.

10Condition 3 is that the tenant, or a person residing in or visiting the
dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2014 consisting of
a breach of a provision of a criminal behaviour order prohibiting a
person from doing anything described in the order, and the offence
15involved—

(a) a breach that occurred in, or in the locality of, the dwelling-
house, or

(b) a breach that occurred elsewhere of a provision intended to
prevent—

(i) 20behaviour that causes or is likely to cause harassment,
alarm or distress to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) 25behaviour that causes or is likely to cause harassment,
alarm or distress to the landlord of the dwelling-
house, or a person employed (whether or not by the
landlord) in connection with the exercise of the
landlord’s housing management functions, and that
30is directly or indirectly related to or affects those
functions.

Condition 4 is that—

(a) the dwelling-house is or has been subject to a closure order
under section 79 of the Anti-social Behaviour, Crime and
35Policing Act 2014, and

(b) access to the dwelling-house has been prohibited (under the
closure order or under a closure notice issued under section
75 of that Act) for a continuous period of more than 48 hours.

Condition 5 is that—

(a) 40the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of an offence under—

(i) section 80(4) of the Environmental Protection Act
1990 (breach of abatement notice in relation to
statutory nuisance), or

(ii) 45section 82(8) of that Act (breach of court order to abate
statutory nuisance etc.), and

(b) the nuisance concerned was noise emitted from the dwelling-
house which was a statutory nuisance for the purposes of
Part 3 of that Act by virtue of section 79(1)(g) of that Act
50(noise emitted from premises so as to be prejudicial to health
or a nuisance).

Condition 1, 2, 3, 4 or 5 is not met if—

(a) there is an appeal against the conviction, finding or order
concerned which has not been finally determined,
abandoned or withdrawn, or

(b) 5the final determination of the appeal results in the conviction,
finding or order being overturned.

In this ground—

• “relevant proceedings” means proceedings for contempt of
  court or proceedings under Schedule 2 to the Anti-social
  10Behaviour, Crime and Policing Act 2014;

• “serious offence” means an offence which—

  (a)

  was committed on or after the day on which this
  ground comes into force,

  (b)

  is specified, or falls within a description specified, in
  15Schedule 2A to the Housing Act 1985 at the time the
  offence was committed and at the time the court is
  considering the matter, and

  (c)

  is not an offence that is triable only summarily by
  virtue of section 22 of the Magistrates’ Courts Act
  201980 (either-way offences where value involved is
  small).”

(2) In section 8 of that Act (notice of proceedings for possession)—

(a) in subsection (3)(b), for “subsections (4)” there is substituted
“subsections (3A)”;

(b) 25after subsection (3) there is inserted—

“(3A) If a notice under this section specifies in accordance with
subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
with or without other grounds), the date specified in the notice
as mentioned in subsection (3)(b) is not to be earlier than—

(a) 30in the case of a periodic tenancy, the earliest date on
which, apart from section 5(1), 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;

(b) 35in the case of a fixed term tenancy, one month after the
date on which the notice was served.”;

(c) in subsection (4), for “(whether with or without other grounds)” there
is substituted “(whether without other grounds or with any ground
other than Ground 7A)”;

(d) 40in subsection (4A), after “other than Ground” there is inserted “7A or”;

(e) after subsection (4B) there is inserted—

“(4C) A notice under this section that specifies in accordance with
subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
with or without other grounds) must be served on the tenant
45within the time period specified in subsection (4D), (4E) or (4F).

(4D) Where the landlord proposes to rely on condition 1, 3 or 5 in
Ground 7A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day of the
conviction, or

(b) if there is an appeal against the conviction, the period of
12 months beginning with the day on which the appeal
is finally determined or abandoned.

(4E) Where the landlord proposes to rely on condition 2 in Ground
57A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day on
which the court has made the finding, or

(b) if there is an appeal against the finding, the period of 12
months beginning with the day on which the appeal is
10finally determined, abandoned or withdrawn.

(4F) Where the landlord proposes to rely on condition 4 in Ground
7A, the notice must be served on the tenant within—

(a) the period of 3 months beginning with the day on which
the closure order was made, or

(b) 15if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
appeal is finally determined, abandoned or
withdrawn.”;

(f) in subsection (5), after “Ground” there is inserted “7A or”.

20Discretionary grounds: secure and assured tenancies

97 Conduct causing nuisance to landlord etc

(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may
order possession in relation to secure tenancies if it considers it reasonable), in
Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—

“(aa) 25has been guilty of conduct causing or likely to cause a
nuisance or annoyance to the landlord of the dwelling-house,
or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
management functions, and that is directly or indirectly
30related to or affects those functions,”.

(2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may
order possession in relation to assured tenancies if it considers it reasonable),
in Ground 14, at the end of paragraph (a) (but before the “or”) there is
inserted—

“(aa) 35has been guilty of conduct causing or likely to cause a
nuisance or annoyance to the landlord of the dwelling-house,
or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
management functions, and that is directly or indirectly
40related to or affects those functions,”.

98 Offences connected with riot

(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may
order possession in relation to secure tenancies if it considers it reasonable),

after Ground 2 there is inserted—

“Ground 2ZA

The tenant or an adult residing in the dwelling-house has been
convicted of an indictable offence which took place during, and at
the scene of, a riot in the United Kingdom.

5In this Ground—

• “adult” means a person aged 18 or over;

• “indictable offence” does not include an offence that is triable
  only summarily by virtue of section 22 of the Magistrates’
  Courts Act 1980 (either way offences where value involved is
  10small);

• “riot” is to be construed in accordance with section 1 of the
  Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in
England.”

(2) 15In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may
order possession in relation to assured tenancies if it considers it reasonable),
after Ground 14 there is inserted—

“Ground 14ZA

The tenant or an adult residing in the dwelling-house has been
convicted of an indictable offence which took place during, and at
20the scene of, a riot in the United Kingdom.

In this Ground—

• “adult” means a person aged 18 or over;

• “indictable offence” does not include an offence that is triable
  only summarily by virtue of section 22 of the Magistrates’
  25Courts Act 1980 (either way offences where value involved is
  small);

• “riot” is to be construed in accordance with section 1 of the
  Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in
30England.”

Supplemental

99 Restrictions where new possession proceedings in progress etc

(1) In section 138 of the Housing Act 1985 (right to buy: suspension of duty of
landlord to convey freehold or grant lease)—

(a) 35in subsection (2A)(a), for “or Ground 2 possession order” there is
substituted “, Ground 2 or 2ZA possession order or section 84A
possession order”;

(b) in subsection (2B)(a), for “or an operative Ground 2 possession order”
there is substituted “, an operative Ground 2 or 2ZA possession order
40or an operative section 84A possession order”;

(c) in subsection (2C), for the definition of “Ground 2 possession order”

there is substituted—

• ““Ground 2 or 2ZA possession order” means an order for
  possession under Ground 2 or Ground 2ZA in Schedule
  2;”;

(d) 5for the definition of “operative Ground 2 possession order” there is
substituted—

• ““operative Ground 2 or 2ZA possession order” means an order
  made under Ground 2 or Ground 2ZA in Schedule 2 which
  requires possession of the dwelling-house to be given up on a
  10date specified in the order;”;

(e) after that definition there is inserted—

• ““operative section 84A possession order” means an order
  under section 84A which requires possession of the
  dwelling-house to be given up on a date specified in the
  15order;

• “section 84A possession order” means an order for
  possession under section 84A;”.

(2) In Schedule 3 to that Act (grounds for withholding consent to assignment of
secure tenancy by way of exchange), after ground 2 there is inserted—

“Ground 2ZA

20Proceedings have been begun for possession of the dwelling-house,
of which the tenant or the proposed assignee is the secure tenant,
under section 84A (absolute ground for possession for anti-social
behaviour), or there has been served on the tenant or the proposed
assignee a notice under section 83ZA (notice requirements in relation
25to proceedings for possession on absolute ground for anti-social
behaviour) which is still in force.”

(3) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
refuse to surrender and grant tenancies in pursuance of a request under section
158 of that Act)—

(a) 30 after Ground 4 there is inserted—

“Ground 4A

4A (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-
35house let on an existing tenancy which is a secure
tenancy, and

(b) possession is sought under section 84A of the
Housing Act 1985 (absolute ground for possession for
anti-social behaviour).

(3) 40The second condition is that—

(a) a notice has been served on a relevant tenant under
section 83ZA of that Act (notice requirements in
relation to proceedings for possession on absolute
ground for anti-social behaviour), and

(b) 45the notice is still in force.”;

(b) after Ground 5 there is inserted—

“Ground 5A

5A (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) 5proceedings have begun for possession of a dwelling-
house let on an existing tenancy which is an assured
tenancy, and

(b) possession is sought on ground 7A in Part 1 of
Schedule 2 to the Housing Act 1988 (absolute ground
10for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under
section 8 of that Act (notice of proceedings for
possession), and

(b) 15the notice specifies ground 7A and is still in force.”

Part 6 Local involvement and accountability

Community remedies

100 The community remedy document

(1) 20Each local policing body must prepare a community remedy document for its
area, and may revise it at any time.

(2) A community remedy document is a list of actions any of which might, in the
opinion of the local policing body, be appropriate in a particular case to be
carried out by a person who—

(a) 25has engaged in anti-social behaviour or has committed an offence, and

(b) is to be dealt with for that behaviour or offence without court
proceedings.

(3) For the purposes of subsection (2), an action is appropriate to be carried out by
a person only if it has one or more of the following objects—

(a) 30assisting in the person’s rehabilitation;

(b) ensuring that the person makes reparation for the behaviour or offence
in question;

(c) punishing the person.

(4) In preparing or revising the community remedy document for its area a local
35policing body must—

(a) have regard to the need promote public confidence in the out-of-court
disposal process;

(b) have regard to any guidance issued by the Secretary of State about how
local policing bodies are to discharge their functions under this section;

(c) 40carry out the necessary consultation and take account of all views
expressed by those consulted.

(5) In subsection (4)(c) “the necessary consultation” means—

(a) consultation with the chief officer of police for the area,

(b) consultation with the local authority for any part of the area,

(c) consultation with whatever community representatives the local
5policing body thinks it appropriate to consult, and

(d) whatever other public consultation the local policing body thinks
appropriate.

(6) A local policing body must agree the community remedy document for its
area, and any revised document, with the chief officer of police for the area.

(7) 10Once the community remedy document, or a revised document, has been
agreed with the chief officer of police, the local policing body must publish it
in whatever way it thinks appropriate.

(8) The Secretary of State must publish any guidance issued under subsection
(4)(b).

(9) 15In this section—

• “anti-social behaviour” means behaviour capable of causing nuisance or
  annoyance to any person;

• “community representative”, in relation to a police area, means any
  individual or body appearing to the local policing body to represent the
  20views of people who live in, work in or visit the area;

• “local authority” means—

  (a)

  in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  council, the Common Council of the City of London or the
  25Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• ‘“out-of-court disposal process” means the process by which a person is
  dealt with under section 101 or by means of a conditional caution or
  30youth conditional caution.

101 Anti-social behaviour etc: out-of-court disposals

(1) This section applies where—

(a) a person (P) within subsection (2) has evidence that an individual (A)
has engaged in anti-social behaviour or committed an offence,

(b) 35A admits to P that he or she has done so,

(c) P thinks that the evidence is enough for taking proceedings against A
for an injunction under section 1, or taking other court proceedings, but
decides that it would be appropriate for A to carry out action of some
sort instead, and

(d) 40if the evidence is that A has committed an offence, P does not think that
it would be more appropriate for A to be given a caution or a fixed
penalty notice.

(2) The persons within this subsection are—

(a) a constable;

(b) 45an investigating officer;

(c) a person authorised by a relevant prosecutor for the purposes of section
22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A
of the Crime and Disorder Act 1998 (youth conditional cautions).

(3) Before deciding what action to invite A to carry out, P must make reasonable
5efforts to obtain the views of the victim (if any) of the anti-social behaviour or
the offence, and in particular the victim’s views as to whether A should carry
out any of the actions listed in the community remedy document.

(4) If the victim expresses the view that A should carry out a particular action
listed in the community remedy document, P must invite A to carry out that
10action unless it seems to P that it would be inappropriate to do so.

(5) Where—

(a) there is more than one victim and they express different views, or

(b) for any other reason subsection (4) does not apply,

P must nevertheless take account of any views expressed by the victim (or
15victims) in deciding what action to invite A to carry out.

(6) In this section—

• “action” includes the making of a payment to the victim (but does not
  include the payment of a fixed penalty);

• “anti-social behaviour” means behaviour capable of causing nuisance or
  20annoyance to any person;

• “community remedy document” means the community remedy
  document (as revised from time to time) published under section 100
  for the police area in which A’s anti-social behaviour or offence took
  place;

• 25“caution”—

  (a)

  in the case of a person aged 18 or over, includes a conditional
  caution within the meaning of Part 3 of the Criminal Justice Act
  2003;

  (b)

  in the case of a person under that age, means a youth caution or
  30youth conditional caution within the meaning of Chapter 1 of
  Part 4 of the Crime and Disorder Act 1998;

• “investigating officer” and “relevant prosecutor” have the same meaning
  as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);

• “victim” means the particular person who seems to P to have been
  35affected, or principally affected, by A’s anti-social behaviour or offence.

102 Criminal behaviour: conditional cautions

(1) In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23
there is inserted—

“23ZA Duty to consult victims

(1) 40Before deciding what conditions to attach to a conditional caution, a
relevant prosecutor or the authorised person must make reasonable
efforts to obtain the views of the victim (if any) of the offence, and in
particular the victim’s views as to whether the offender should carry
out any of the actions listed in the community remedy document.

(2) 45If the victim expresses the view that the offender should carry out a
particular action listed in the community remedy document, the