Commentary on Sections Part 5: Recovery of possession of dwelling-houses: anti-social behaviour grounds Section 100: Restrictions where new possession proceedings in progress etc
221.Subsection (1) amends section 138 of the 1985 Act so that, as with the existing ground for possession for anti-social behaviour, if proceedings on the absolute or the new discretionary ground of possession for anti-social behaviour are pending before any court, the landlord has no duty to convey the freehold or grant a lease to a tenant who has applied to exercise the right to buy.
222.The amendments made by section 100 will also mean that a landlord may also refuse to allow a tenant to take part in mutual exchange under the 1985 Act (which applies to secure tenants) (subsection (2)) or a transfer of tenancy under the Localism Act 2011 (which applies to certain secure and assured tenants) (subsection (3)). Landlords may already withhold consent where possession is being sought on the existing discretionary ground for anti-social behaviour.