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Excluding order from a rented local authority house for anti –social behaviour

The Housing (Miscellaneous Provisions) Act 1997 as amended provides that a tenant may be evicted from a rented local authority house for anti-social behaviour. The local authority or housing associations who provide social housing may apply to the District Court for an excluding order against any member of a household on foot of Section 3 of the Housing (Miscellaneous Provisions) Act 1997.  These cases come within the scope of civil legal aid and are not excluded under Section 28(9)(a)(ii). Applications for legal services in respect of this type of proceedings should be processed in the normal way. The merits test will be applied to each case and the solicitor should recommend whether a legal aid certificate be granted or refused.