PART 5PROVISIONS APPLYING ONLY TO SECURE CONTRACTS

CHAPTER 5PROHIBITED CONDUCT STANDARD CONTRACTS

116Order imposing periodic standard contract because of prohibited conduct

I21

If the landlord under a secure contract is a community landlord or a registered charity, the landlord may apply to the court for an order under this section on the ground that the contract-holder is in breach of section 55 (anti-social behaviour and other prohibited conduct).

I22

The effect of an order under this section is—

a

to end the secure contract from a date specified in the order, and

b

if the contract-holder remains in occupation after the specified date, to create a periodic standard contract whose occupation date is the date specified in the order (and which is a periodic standard contract until the end of the probationary period).

I23

The court may make an order under this section only if it is satisfied that—

a

the contract-holder is in breach of section 55,

b

it would have made an order for possession on the ground in section 157 (breach of contract) in reliance only on that breach,

c

the landlord will make available to the contract-holder a programme of social support the aim of which is the prevention of prohibited conduct, and

d

it is reasonable to make the order.

I1I34

The Welsh Ministers may issue guidance as to the activities and services (including assistance, advice and counselling services) that may be included in a programme of social support for the purposes of subsection (3).

I25

Schedule 7 makes provision about probation periods, the procedure for obtaining an order under this section, and about the terms of a periodic standard contract created under this section.

I26

In this Act “prohibited conduct standard contract” means a contract which is a periodic standard contract created because of an order under this section, and in relation to which the probation period has not yet ended.