A law that’s on your side

“Demoted tenancies” were a measure in the 2003 Antisocial Behaviour Act that came into force at the end of June. Since then, this phrase has often been the most popular search on the Race Action Net website. So we asked Caroline Hunter, barrister and senior lecturer at Sheffield Hallam University, to produce a briefing for our members – it’s available on our website.

Sections 14 and 15 of the act introduce the concept of demoted tenancies. In cases where an antisocial behaviour statutory injunction is sought against a secure or assured tenant, a council or registered social landlord may also apply for a demotion order. They work slightly differently depending on whether the landlord is a council or a RSL, and whether the tenancy is secure or assured.

In the case of a secure council tenant, if the judge considers the order reasonable, the tenancy will be demoted to a 12-month introductory tenancy. If no possession is sought within the 12 months, the tenancy will become secure again.

If an RSL seeks possession against a secure or an assured tenant, the tenancy may be demoted to an assured shorthold. This will last for a year and, if no possession proceedings are taken, the tenancy will become assured (even if originally secure) at the end of the year.

Injunctions

The act’s injunction powers replace sections 152 and 153 of the 1996 Housing Act. They allow councils, housing action trusts and RSLs to obtain injunctions against anyone to prevent nuisance or annoyance that affects housing management.

The tenant’s conduct must cause nuisance and annoyance to other occupiers of the landlord’s properties, residents of other homes in the neighbourhood, people engaged in lawful activity in the neighbourhood, or the landlord’s staff.

Landlords may also seek an injunction to prevent the unlawful use of their properties.

Either type of injunction, or a breach of tenancy injunction, may be combined with an exclusion order preventing the person coming to a particular property or neighbourhood and a power of arrest where there is threatened or actual violence or a significant risk of harm.

Contractors sign an agreement to avoid racist behaviour and any breach may lead to their contract being terminated

Consider the neighbours

Section 16 of the 2003 Antisocial Behaviour Act deals with possession sought against a secure or assured tenant for nuisance and annoyance under grounds 2 or 14 of the 1996 Housing Act.

It is now mandatory for judges to take into account the effect the nuisance or annoyance has had, and will have, on other people. This means collecting evidence from victims of racial harassment is now more important than ever.

Policies and procedures to tackle antisocial behaviour and racial harassment must be in place by 30 December 2004. For inspiration, Race Action Net members have been browsing case studies from other associations published online. Carr-Gomm Housing Association’s policy, for example, includes a procedure called CCQ – complaints, compliments and queries – designed to help overcome barriers to making complaints.

Many tenants do not want to make a complaint because it may appear to be critical of the organisation or they may like many aspects of the service and feel reluctant to complain about a specific element or incident, such as racial harassment. Combining the procedure for giving compliments with that for making complaints helps tenants express concerns.

Brent Housing’s policy, which is published on Race Action Net, focuses on objectives, responsibilities and implementation. All officers must attend training sessions and familiarise themselves with this policy. Unit heads must ensure that their staff are aware of the procedures to investigate and report incidents of racial harassment. All contractors must have, as part of their contract, an agreement to avoid racist behaviour and any breach of that agreement will be investigated and may lead to their contract being terminated.

Peabody Trust’s policy and procedure on responding to antisocial behaviour focuses on two themes: firstly, good practice and partnerships with the police and local authorities and secondly, the speed of the response against antisocial behaviour. Action should be agreed between the complainant and the investigating officer.

Peabody aims to empower residents first to try to resolve the majority of disputes by approaching their neighbours directly.