Section 9A — Housing Act 1988: Proceedings for possession on non-absolute grounds : anti-social behaviour

Proceedings for possession on non-absolute grounds : anti-social behaviour 9A 1 This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).

2 The court must consider, in particular—

a the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

b any continuing effect the nuisance or annoyance is likely to have on such persons;

c the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated. d whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease.

3 Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO.

4 For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy.

5 In subsection (3) “ HMO ” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act).