Housing (Miscellaneous Provisions) Act 1997

Excluding orders.

3

F10 [ 3. (1) A tenant or relevant purchaser may, in respect of a house

( a ) let to the tenant by a housing authority, or

( b ) in respect of which he or she is such a purchaser,

apply to the District Court for an order (to be known and referred to in this Act as an excluding order ) against a person including, in the case of an application by a tenant, a joint tenant (referred to in this Act as the respondent ) whom the tenant or relevant purchaser making the application believes to be engaging in anti-social behaviour.

F11 [ (2) A housing authority may, in respect of a house referred to in subsection (1) , apply to the District Court for an order (in this Act referred to as an excluding order ) against a person, other than the tenant, where there is no joint tenant, or relevant purchaser of the house (in this Act referred to as the respondent ), whom the authority believe to be engaging in anti-social behaviour where the authority

( a ) believe that the tenant or relevant purchaser

(i) may be deterred or prevented by violence, threat or fear, either to himself or herself or to persons associated with him or her, from pursuing an application for an excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and

(b) consider that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for the excluding order. ]

F12 [ (2A) An application under subsection (1) or (2) may not be made against a person who is under 12 years of age. ]

F13 [ (3) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order

(a) in the case of a respondent who is under 18 years of age and is residing at the house in respect of which the application was made, prohibit the respondent, during the period when the order is in force

(i) from entering or being in the vicinity of another specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(ii) from doing all or any of the things referred to in subparagraph (i) unless specified conditions provided for by the order are complied with,

(b) in the case of a respondent who is under the age of 18 years and is not residing at the house in respect of which the application was made, prohibit the respondent during the period when the order is in force

(i) from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(ii) from doing all or any of the things referred to in subparagraph (i) unless specified conditions provided for by the order are complied with,

(c) in any other case

(i) direct the respondent, if residing at the house in respect of which the application was made, to leave that house and not re- enter it or be in its vicinity during the period that the order is in force, and

(ii) whether the respondent is or is not residing at the house in respect of which the application was made, prohibit the respondent for the period during which the order is in force

(I) from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified place or area, consisting of a place or area where one or more of the houses there are under the control and management of a housing authority, or

(II) from doing all or any of the things referred to in clause (I) unless specified conditions provided for by the order are complied with. ]

(4) An excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant, relevant purchaser or other occupant of any house concerned.

(5) Where an excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to have it varied, and the court upon hearing the application shall make such order as it considers appropriate in the circumstances.

(6) An excluding order, whether made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to subsection (7) and section 9 , expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.

(7) On or before the expiration of an excluding order to which subsection (6) relates, a further excluding order may be made by the District Court or by the Circuit Court on appeal from the District Court for a period of three years, or such shorter period as the court may provide for in the order, with effect from the date of expiration of the firstmentioned order. ]

Annotations:

Amendments:

F10

Substituted (1.09.2004) by Residential Tenancies Act 2004, s. 197(b), S.I. No. 505 of 2004.

F11

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(4)(a), S.I. No. 121 of 2015.

F12

Inserted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(4)(b), S.I. No. 121 of 2015.

F13

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(4)(c), S.I. No. 121 of 2015.

F14

Inserted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 2, not commenced as of date of revision.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (1)(aa) inserted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 2, not commenced as of date of revision.

F14 [ ( aa ) let to a tenant under a Chapter 4 tenancy agreement, or ]

Editorial Notes:

E4

Previous affecting provision: subs. (2) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 16 item 1, S.I. No. 887 of 2004; substituted as per F-Note above.

E5

Previous affecting provision: subs. (2) substituted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 197(b), S.I. No. 505 of 2004; substituted as per E-Note above.