Tackling Anti Social Tenants in the Private Sector
Introduction
Local authorities already have many tools which they can use to tackle anti-social behaviour. They can seek possession orders against their own tenants. In recent years, their ability to commence injunction actions has increased and they were one of the first types of organisation to be given powers to apply for Anti Social Behaviour Orders.
The Housing Act 2004 introduced a wide range of powers to assist local authorities in tackling anti-social behaviour, including new rules in relation to the licensing of "Houses in Multiple Occupation" (HMOs). Local authorities are also able to designate certain areas of their administrative area where there is a problem with persistent anti-social behaviour as being an area where interim or final management orders can be made. This will enable the local authority to take over the rights and responsibilities of the landlord.
However, in some cases there may just be one home in a specific area which is the source of anti-social behaviour. In cases such as this, the local authority can apply to the Residential Property Tribunal for an interim management order covering that specific property alone. In order to satisfy the Tribunal that such a management order should be made, the local authority needs to satisfy the Tribunal that "the circumstances relating to the house fall within a prescribed category" and that the order is necessary to protect the health, safety or welfare of those living in or visiting the property in question.
Parliament have now clarified what these "prescribed category" circumstances are. These are that:
- The area where the house is located is experiencing significant and persistent anti-social behaviour, which is attributable in whole or part to the occupier of the house
- The landlord is a private sector landlord (i.e not an RSL)
- The landlord has failed to take adequate steps to stop the anti-social behaviour and
- The making of the order, combined with other measures to be taken by the local authority, will lead to the anti-social behaviour being reduced.
This specified power may well prove to be extremely useful to all social housing providers, who are trying to tackle anti-social behaviour in a given location but are experiencing difficulties with anti-social tenants in privately owned neighbouring homes.
Ashfords has a specialist housing team, who would be happy to provide any assistance :
T: 01392 33 4114
E: housing@ashfords.co.uk
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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