Think tank

Part 2 of the bill requires all landlords to have in place a policy in relation to antisocial behaviour and procedures for how they will respond and deal with it. Landlords must provide summary copies of their policy and procedures to any person on request. This will assist tenants by clarifying matters of antisocial behaviour, both for those affected by the behaviour of others and for those causing problems. Hopefully, clear warnings about the action that will follow antisocial behaviour will prevent it – but the bill goes on to strengthen existing provisions and sanctions in tackling antisocial behaviour where such warnings are not heeded.

Part 2 also amends landlords' rights to apply for injunctions on the grounds of antisocial behaviour and contains provisions for demoting secure tenancies because of antisocial behaviour. It has provisions for possession proceedings. These should provide faster ways of stopping antisocial behaviour, reassuring tenants.

The bill provides a cohesive approach that will affect tenants in other ways. Youth annoyance, for example, has been a major source of complaint from tenants, and the range of interventions proposed by the bill will give more opportunity for a multi-agency response – with clear sanctions such as curfew orders and extending the powers of community support officers to reinforce the existing legislation on antisocial behaviour orders.

The full text of the bill can be found on www.publications.parliament.uk
Phil Dinham

What if the landlord doesn't act?
We moved into a maisonette now owned by a housing association. Our problems started when a Romany family moved into our block. They would fight and used the communal stairway as their private lavatory. Many tenants complained to our landlord but nothing was done.

Eventually, we moved to another block but things got worse. Our windows were smashed, bricks thrown into the garden and dog mess put through our letterbox.

I have all this on record, as do the police and landlords, but nothing was ever done. What can we do?

If you really believe that your landlord has not dealt with your complaints thoroughly, you can ask to make a formal complaint via their formal complaints procedure.

If that fails then you need to contact your housing ombudsman and ask if they will investigate the matter. You could also see your local MP.

Remember, though, to continue to clearly document any further incidents of antisocial behaviour, preferably on diary sheets.

Many cases fail to proceed because of insufficient evidence.
Claire Castle

What if mediation isn't an option?
I am confused by my landlord's attitude towards victims of antisocial behaviour. If a perpetrator of antisocial behaviour refuses to participate in mediation, what should our landlord do next?

Mediation is often recommended when it is not clear that any tenancy breach has taken place. Your landlord may not have made a decision about whether there is a "perpetrator and victim". They may think the two parties are equally culpable. Sometimes neighbours just cannot get on with each other.

Assuming, however, that only one party is guilty of antisocial behaviour, there are a number of legal remedies landlords can use. They can apply for an antisocial behaviour order (now available to housing associations as well as councils). These can enforce people to change their behaviour. Breaches of an ASBO can lead to imprisonment.

Landlords can also go to court to evict as long as the tenancy agreement has antisocial behavioural clauses in it that the landlord can prove the tenants have breached.

Check that your landlord has detailed procedures in place as all legal remedies require strong evidence gathering, so that the magistrate will be convinced antisocial behaviour has occurred. This may include other tenants giving witness statements, keeping witness diaries and so on.
Jane Loftus