The Law Commission has proposed that housing managers should take more responsibility for "policing" troubled estates to prevent an explosion in antisocial behaviour.
The proposal is part of the Law Commission's work to restructure housing law through the consultation paper Renting Homes: Part One.

The housing and administrative justice team is responsible for the paper. Team manager Richard Percival said: "We go into the [consultation] process taking the line that it is the business of housing managers to deal with antisocial behaviour.

"Part of the argument here is that this is an area where people say 'this is not our responsibility – it is the police's responsibility'. As a result there is far from a consensus in the field."

The news coincided with last week's announcement by new regeneration minister Tony McNulty that more than 1000 street wardens across the country are "helping to crack down on street crime and antisocial behaviour" (13 June, page 13).

Percival also pointed out that another proposal, designed to make it easier to live on troublesome estates, would see judges given a checklist to help them rule in tenancy arbitration and eviction cases.

He explained the list would refer to factors such as the effect of the eventual ruling on the landlord and the tenant.

It should hopefully ensure judges took a consistent approach. Percival added: "We are aware there is a perception [among landlords and tenants] that wrong decisions have been made in the past."

The paper has also proved controversial in its assertion that housing associations should become public bodies.

Percival said: "We suggested this as there is currently a bit of a public law mess just now, but we have received a rather hostile reception."

The consultation period for the draft paper has been extended until 12 July. Percival indicated that the responses so far had been lively.

"We have had a high degree of approval of what we've been doing," he said. "But in other areas we need to think again and reconsider our approach."

Percival also said social landlords should exercise care in using the strict new powers for dealing with antisocial tenants that are proposed in the paper.

He said: "We are concerned that these draconian powers should not be the first port of call for social landlords."

He added that the commission had also considered proposing a separate arbitration body, similar to that in Australia.

Although this idea is not currently up for consultation, the commission felt it might be something that "people may want to think about".