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(b) before the landlord has made to the tenant such a grant as is required by section 138(1), a demolition notice is served on the tenant under paragraph 13 of Schedule 5.
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(2) In such a case—
(a) the tenant's claim ceases to be effective as from the time when the demolition notice comes into force, and
(b) section 138(1) shall not apply to the landlord, in connection with the tenant's claim, at any time after the demolition notice comes into force.
(3) If—
(a) the tenant's claim has been established before the demolition notice comes into force, and
(b) within the period of three months beginning with the date of its coming into force, the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (4),
the landlord shall pay that amount to the tenant.
(4) Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise of his right to buy.
(5) A notice under subsection (3) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question."
(3) The amendments made by this section do not apply in any case where the tenant's notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.'.—[Paul Clark.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 10
'(1) Section 140 of the Housing Act 1985 (c.68) (landlord's first notice to complete) is amended as follows.
(2) In subsection (3) (notice not to be served earlier than twelve months after landlord's notice under section 125 or 146) for "twelve" substitute "three".
(3) The amendment made by this section does not apply in any case where the tenant's notice under section 122 of that Act (notice claiming right to buy) was served before the day on which this section comes into force.'.—[Paul Clark.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 11
'(1) In section 121 of the Housing Act 1985 (c. 68) (circumstances in which right to buy cannot be exercised), after subsection (2) insert—
"(3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy."
(2) After section 121 of that Act insert—
"121A Order suspending right to buy because of anti-social behaviour
(1) The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.
(2) A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order ("the suspension period").
(3) The court must not make a suspension order unless it is satisfied—
(a) that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies (anti-social behaviour or use of premises for unlawful purposes), and
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(b) that it is reasonable to make the order.
(4) When deciding whether it is reasonable to make the order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and
(b) where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(5) Where a suspension order is made—
(a) any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and
(b) section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but
(c) the order does not affect the computation of any period in accordance with Schedule 4.
(6) The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.
(7) The court must not make such a further order unless it is satisfied—
(a) that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies, and
(b) that it is reasonable to make the further order.
(8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and
(b) where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(9) In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants."
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