The DTLR document, Tackling Antisocial Tenants, addresses all aspects of nuisance and antisocial behaviour, while the Law Commission's Renting Homes: Security and Status is broader still.
Take affirmative action
In antisocial behaviour terms, both papers are predicated on the fact that social landlords are using injunctive action to tackle it. The Social Landlords Crime and Nuisance Group is keen to promote the use of injunctions, as is the government. The DTLR paper says: "The government commends in particular the use of the county court injunction which will ... stop the problem without having to remove the perpetrator. It avoids simply moving the problem on to somewhere else."
When looking at the consultation papers, take the opportunity to re-examine your policy and procedures and ask yourself: are you taking advantage of all the tools currently available to social landlords?
The DTLR document says: "While some landlords are very successful in tackling antisocial behaviour, many do not use the powers currently available to them … [Social landlords must] step up their action and use existing powers as well as any new measure." It concludes: "No amount of government legislation will make any difference if landlords don't use it."
As you are consulted on the papers, don't get sidetracked by the variability of court procedures and outcomes. Experience shows that best practice is very good – we just need to make that common practice.
Definition of 'antisocial'
The definition of antisocial behaviour in the Law Commission paper is worth looking at: "Behaviour where the occupier or a person residing in or visiting the home has acted in a manner that caused or was likely to cause serious harm, harassment, alarm or distress to others where the behaviour is either linked to the occupation of the home and/or occurs in the locality of the home". The Law Commission has also introduced the concepts of "serious" and "housing-related antisocial behaviour" in its paper, but has ignored the hard-won concept of "persistence" from previous legislation.
While the paper shows links to the Crime and Disorder Act, it's worth considering whether a definition of antisocial behaviour really assists us in tackling the problem. Will it make any difference at all or will it just put constraints on our casework? One of the Law Commission's aims has been to simplify issues, but introducing a definition and these new concepts may achieve quite the opposite effect and lead to lawyers arguing about their meaning for years.
The Law Commission's proposals suggest a radical reform of housing law that will shape the relevant legislation for the foreseeable future. Codification of housing aw is long overdue and we are fully supportive of the Law Commission's principles and objectives. But the Social Landlords Crime and Nuisance Group is also keen to stress the need to avoid creating uncertainties and understand what is workable now, what is desirable in the future and what should be rejected out of hand.
Clearly, all new legislation has to bed down, but if we step backwards to step forwards we must ensure that the step backwards is justified.
Source
Housing Today
Postscript
Tim Winter is national organiser of the Social Landlords Crime and Nuisance Group.
tim.winter@whitefriarshousing.co.uk
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