The Housing Act 1996 Explained

The Housing Act 1996 (“HA 1996”) contains a number of rules on tenancies - particularly in relation to tenancies where the landlord is a local authority or a housing association. These sorts of landlords are often referred to as social landlords.

Anti-Social Behaviour

Under the HA 1996 social landlords may apply for an injunction against a tenant who engages in “housing-related anti-social conduct”. The injunction is intended to prevent specific behaviour, which must be set out in the injunction.

For the purposes of an HA 1996 injunction behaviour which could or does cause annoyance to other tenants, to the landlord's employees, or to people lawfully in the vicinity of the property may constitute anti-social conduct. The behaviour could take place anywhere and the injunction does not have to name a particular person or people who have actually been affected by the anti-social behaviour. An injunction may be obtained even if no anti-social behaviour has yet taken place but the tenant has threatened to behave in an anti-social way.

Applying for an Anti-Social Conduct Injunction

An application for an anti-social conduct injunction will usually be made in the local county court. The application must include written evidence explaining why an injunction is needed. The application must also set out the specific behaviour which the injunction is intended to prevent.

A copy of the application should usually be hand-delivered to the tenant at least two days before the court hearing of the landlord’s application. The court could give permission for the application to take place without the tenant being given notice. However, this is only likely to happen if violence has been threatened and there is a “risk of significant harm” to a particular person before the application is heard by the court. (Slightly different rules apply where a landlord wishes to obtain an injunction against a tenant in relation to unlawful use of the property or breach of their tenancy agreement.)

An anti-social conduct injunction may include a power of arrest. If so it must specify the particular acts which may lead to arrest.

Breach of an Anti-Social Conduct Injunction

A person arrested for breach of an injunction should be brought before a judge within 24 hours of their arrest. The judge may decide what sentence is appropriate. Alternatively the judge may remand the tenant in custody or grant them bail pending a final decision on sentence.

Demoted Tenancies

If the tenant of a local authority or a housing association engages in anti-social behaviour or uses their home for unlawful purposes their landlord may apply to the local county court for a demotion order. A demotion order turns a secure or assured tenancy into a demoted tenancy, which means that the tenant can be more easily evicted by their landlord.

A landlord must give the tenant notice that it intends to apply for a demotion order. A court may make a demotion order if it is satisfied that the tenant has behaved anti-socially or has used the property for unlawful purposes. A demotion order turns a secure tenancy into a demoted tenancy for one year from the date of the order.

Repossession and Demoted Tenancies

A landlord must still apply for a court repossession order before they can evict a tenant with a demoted tenancy. The landlord must first give the tenant notice that they intend to start a claim for repossession. The notice will usually give the tenant 28 days' warning that a repossession case is to start. This notice must set out the reasons why the landlord wants to repossess the property and inform the tenant that they have the right to seek a review of the decision to repossess. The tenant will have 14 days from the date of the notice to request a review of the decision.

If a social landlord follows the correct procedure when seeking to repossess a property held under a demoted tenancy the court must make a repossession order. Therefore, unlike a secure tenant, a tenant with a demoted tenancy has very little protection from eviction.

Introductory Tenancies

Introductory tenancies are a one-year, probationary tenancy provided by some local authorities and housing associations when they first take on a new tenant. A tenant with an introductory tenancy can be much more easily evicted than a tenant with a long-term, secure tenancy. By implementing a system of introductory tenancies local authorities and other social landlords have greater powers over the type of tenant given access to their limited housing stock.

The tenant of a social landlord who indulges in anti-social behaviour during the period of an introductory tenancy can be much more easily evicted than a tenant with a full tenancy. An introductory tenant may also lose their right to be granted a full tenancy if they engage in anti-social or unlawful behaviour.

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