Commentary on Sections Part 2: Housing Section 16: Proceedings for possession: anti-social behaviour
49.This section introduces new provisions relating to the court's exercise of discretion in possession proceedings. Subsection (1) introduces a new section 85A into the Housing Act 1985. Subsection (2) introduces new section 9A into the Housing Act 1988.
50.The effect of these changes is that when a court is considering whether it is reasonable to grant a possession order against a secure or assured tenant under one of the nuisance grounds for possession, the court must give particular consideration to the actual or likely effect which the anti-social behaviour has had or could have on others.