PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 7ANTI-SOCIAL BEHAVIOUR AND OTHER PROHIBITED CONDUCT

55Anti-social behaviour and other prohibited conduct

1

The contract-holder under an occupation contract must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description)—

a

to live in the dwelling subject to the occupation contract, or

b

to live in a dwelling or other accommodation in the locality of the dwelling subject to the occupation contract.

2

The contract-holder must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity—

a

in the dwelling subject to the occupation contract, or

b

in the locality of that dwelling.

3

The contract-holder must not engage or threaten to engage in conduct—

a

capable of causing nuisance or annoyance to—

i

the landlord under the occupation contract, or

ii

a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord’s housing management functions, and

b

that is directly or indirectly related to or affects the landlord’s housing management functions.

4

The contract-holder may not use or threaten to use the dwelling subject to the occupation contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.

5

The contract-holder must not, by any act or omission—

a

allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in subsections (1) to (3), or

b

allow, incite or encourage any person to act as mentioned in subsection (4).

6

This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

a

must be incorporated, and

b

must not be incorporated with modifications.

56Power to amend section 55

The Welsh Ministers may by regulations amend section 55.