A number of our tenants ask for transfers to smaller, sought-after units, and assure us they will not make further transfer requests if we make them offers. Can we make them sign agreements to this effect?
In my experience, I have little knowledge of such an arrangement. I would be sceptical of its value, particularly if the tenant's circumstances change and they end up needing alternative accommodation.
If, for instance, they took a smaller property and then had children who made them effectively overcrowded, they would expect a move and probably the association's own policies would support that. It is not unusual for tenants who had multiple moves always claiming that this will be the last move. It rarely is.
It would be wise to look at the reasonableness of any such request in light of the association's policies. There may be a policy that allows priority to internal transfers before new applicants, and if this frees up larger properties in higher demand that would be useful. If there is a higher demand for starter homes and the association fills these with people who are unlikely to move on, it will block movement in this area of stock.
In short, there is nothing to stop you making such an agreement, but the question is, would you uphold any arrangement if the tenant, for whatever reason, asks for another transfer?
Pete jeffery, Director of human resources, Anglia Housing Group
Noise nuisance: the debate rumbles on
Do local authorities have a statutory obligation to provide 24-hour noise patrols? Is noise nuisance still the responsibility of the police?
Further to Richard Kemp's answer (HT 15 August, page 31), local authorities should have adopted the whole of the 1996 Noise Act, which would require a 24-hour service.
However, this is recognised as being unachievable (only 14 out of 550 local authorities have a 24-seven service). The act was reviewed by the department for the environment, food and rural affairs last year. Suggested amendments, which would allow local authorities to adopt those parts of the law which help them to control late-night noise through fines or confiscation, are out for consultation.
Many local authorities using their powers under the 1990 Environmental Protection Act will respond to complaints about noise through out-of-hours services provided by environmental health teams, including serving out-of hours abatement notices.
The police would only become involved if the noisemaker persisted after the abatement notice was issued, meaning a criminal offence had been committed. The police might also become involved before any environmental health enforcement action if the noise was one feature of a range of conduct that would fit the definition of antisocial behaviour in the 1998 Crime and Disorder Act.
A good guide to noise and criminal law can be found at www.noiselaw.co.uk.
Philip Dinham, north-east regional manager, Crime Concern
As I am neither a lawyer nor an environmental health officer I'd suggest a couple of areas of good practice in this field. Make your organisation known to the local environmental health officers – find out what they can, and will, do and how and when to contact them. Some have invested in sophisticated monitoring equipment – others are may have long waiting lists for the use of recording systems. If necessary, lobby to improve the service on offer.
Make sure you and your residents have access to information issued by the government such as the leaflet, Bothered by Noise. Published by the (then) department of the environment, transport and the regions, it is available from http://www.defra.gov.uk/environment/noise/index.htm.
The National Society for Clean Air also has a leaflet on the subject, How to Complain About Noise Nuisance – available at www.nsca.org.uk.
Tim Winter, national organiser, Social Landlords Crime & Nuisance Group
Source
Housing Today
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