Section 121A — Housing Act 2004: Order suspending right to buy because of anti-social behaviour

Order suspending right to buy because of anti-social behaviour 121A 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 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.