Think tank

There's no obligation to fit smoke alarms in existing properties but it is obviously good practice.

If you do fit them, it is your responsibility to maintain them, like everything you supply along with the property.
John Bryant, Policy officer, National Housing Federation

How can we help victims of homophobia?
Two of our tenants who share a home as a same-sex couple are suffering homophobic abuse from neighbours. These neighbours are not tenants of our housing association, as far as I am aware they are renting from a private landlord. How can I help our tenants, or do they have to bring the case themselves?

The wishes of your tenants are central to this case. They may not wish to make a formal complaint in case this escalates the problem.

However, in the wake of the 1998 Crime and Disorder Act the Home Office has urged crime and disorder partnerships to consult with local lesbian, gay, bisexual and transgender (LGBT) groups to increase the reporting and resolution of homophobic crime.

Local police now often have LGBT liaison officers and procedures which allow anonymous complaints to be filed, and some local authorities have set up neighbourhood mediation and conflict resolution services, which can attempt to resolve harassment disputes at the lowest level.

If the situation has reached the point where legal action is required and your tenants agree, then the relevant legislation which could be used is:

• section one of the 1998 Crime and Disorder Act – homophobic harassment could form the basis of an antisocial behaviour order, which can be applied for by the local authority
  
• sections 144-158 of the 1996 Housing Act, which provide for powers to evict tenants, or people living at an address where they are not the tenant, for behaviour "causing or likely to cause, nuisance or annoyance"
  
• sections 153-158 of the 1996 Housing Act, which provide for the civil courts to place an injunction, with the power of arrest where required, on tenants who ommit "antisocial" behaviour, which homophobic abuse would certainly constitute
  
• sections two to four of the 1997 Protection from Harassment Act, which provide protection from harassment under both criminal and civil law, by arrest and prosecution or by injunction
  
• section 42 of the 2001 Criminal Justice & Police Act. Although this law was created to give the police greater power to intervene to stop harassment of research establishments by animal rights protesters, it allows a police officer to direct a person to leave the vicinity of a house when harassment is occurring. Refusal to obey is punishable by up to three months' imprisonment. However, this would require a police officer to be present and witness the harassment.

Many housing associations are now introducing LGBT sections into their policies and procedures, and ensuring residents' groups have appropriate representation from LGBT groups. This can often be a source of pre-emptive support and advice.
Philip Dinham, north-east regional manager, Crime Concern