Do you really need to evict that racist?

Eviction is the ultimate sanction against tenants who racially harass their neighbours. But possession proceedings are costly and lengthy and, often, eviction does not change perpetrators' behaviour.

On the contrary, eviction can merely move the problem around.

So, what else can housing providers do to deal with the range of behaviour that constitutes racial harassment? Research body Lemos & Crane has studied this question with funding from the Housing Corporation and the Office of the Deputy Prime Minister, talking to social landlords that are members of Race Action Net, a network of organisations tackling racial harassment. The study identified several alternatives to eviction.

Prevention is better than cure
Social landlords can do a lot to prevent racial harassment in the first place. Regeneration programmes can address the causes of disputes between tenants divided on racial grounds by sorting out housing design problems, such as thin walls or a lack of suitable facilities for young people. Racial harassment perpetrated by under-16s as part of a broader pattern of antisocial behaviour can be reduced by diversionary leisure or training activities, such as IT classes, go-karting or sailing.

Meanwhile, when people feel threatened, measures such as installing toughened glass or fireproof letterboxes can make it more difficult for perpetrators to harass their potential victim. Rehousing victims is also an option, although this does not address the behaviour of the perpetrator.

Residents themselves can influence behaviour by getting together to draw up an estate agreement outlining what behaviour they expect of each other.

And racial harassment can be deterred by incentive schemes that offer rewards for positive behaviour and by introductory and starter tenancies that are made assured if there is no offending behaviour during the first year of residence.

Warnings, mediation and contracts
Landlords can proactively tackle racial harassment without taking legal action. In some cases, verbal or written warnings can be enough to stop harassment. Mediation can also work if the racial harassment is related to a neighbour dispute.

Regeneration programmes can address the causes of disputes by sorting out design problems such as thin walls or lack of facilities for young people

Acceptable behaviour contracts between younger perpetrators, their parents, school, the landlord and police can be used to set out the consequences if specified types of antisocial behaviour continue.

Restorative justice methods can bring together victims and perpetrators to allow the victim to explain how they have been affected by the offending behaviour.

Landlords can also work with the police, probation officers, youth teams and other programmes to challenge racist behaviour by young people, their parents and specific groups such as gangs or football hooligans.

Call in the law
Aside from eviction, other legal measures available include injunctions, antisocial behaviour orders and suspended possession orders. Landlords can work with the police to pursue criminal charges, and with local authority environmental health departments to take action under noise nuisance legislation.

The Antisocial Behaviour Bill will also help, through its proposal for "demotable" tenancies. Under this proposal, landlords will be able to apply to a court to downgrade the tenancies of secure and assured tenants found to have racially harassed others.

Housing providers can enhance their chances of successful legal action by improving their interview techniques, encouraging victims and witnesses to keep diaries of incidents, and using CCTV and professional witnesses.