Housing (Miscellaneous Provisions) Act, 1997
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Excluding orders. |
3.—(1) A tenant may, in respect of a house let to the tenant by a housing authority, 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 a joint tenant (to be known and referred to in this Act as “the respondent”) whom the tenant making the application believes to be engaging in anti-social behaviour. | |
(2) A housing authority may, in respect of a house provided by the authority under the Housing Acts, 1966 to 1997, apply to the District Court for an excluding order against a respondent whom the authority believe to be engaging in anti-social behaviour where the authority— | ||
(a) having consulted the tenant and the health board in whose functional area the house is situate, believe that a tenant may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, and | ||
(b) consider that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for the excluding order. | ||
(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) direct the respondent, if residing at the house in respect of which the application was made, to leave that house, and | ||
(b) whether the respondent is or is not residing at the house, prohibit the respondent for the period during which the order is in force 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 housing estate. | ||
(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 or other occupant of any house concerned. | ||
(5) Where an excluding order has been made, the tenant 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 first-mentioned order. |