There are a number of laws to help protect you from antisocial behaviour. These include:
The Housing Act 1985, 1988 and 1996
We can evict residents responsible for nuisance and antisocial behaviour under schedule two of the 1985 Act, ground 1 (secure tenants) or ground 12 of the 1988 Act (assured tenants), ground 2 of the 1985 Act (secure) and ground 14 of the 1988 Act (assured).
The Housing Act 1996 significantly altered grounds 12 and 14, giving social landlords more powers against antisocial tenants by strengthening the grounds for possession to include:
- behaviour likely to cause nuisance (which allows professional witnesses to be used instead of residents);
- antisocial behaviour in the area around the tenant's property;
- antisocial behaviour of visitors to the property; and
- conviction for an arrestable offence in the area around the property.
The Crime and Disorder Act 1998
Under the act, local authorities and the police must work together to develop strategies to reduce crime and disorder in their area.
The act also introduced antisocial behaviour orders (ASBOs), which are civil orders that exist to protect the public from behaviour that causes harassment, alarm or distress. An order contains conditions preventing the offender from carrying out specific antisocial acts or entering specific areas.
The order applies for at least two years and can be made against anyone over the age of 10. Breaking an ASBO is a criminal offence punishable by a prison sentence or a fine (or both). Child curfew schemes, child safety orders, parenting and reparation orders were also introduced in the act.
The Police Reform Act 2002
The act introduced a number of important changes to ASBOs.
- Registered social landlords ('RSLs', also known as housing associations) can now apply directly for an ASBO, although they must consult either the police or local authority before applying for the order.
- Agencies can now apply for an interim ASBO to stop antisocial behaviour earlier and help protect witnesses.
- An ASBO can now cover a wider area, up to the whole of England and Wales if necessary, to deal with the problem of people moving and continuing their antisocial behaviour in other areas.
- Criminal courts can now issue an order against a person who has been convicted of a criminal offence, removing the need for a separate legal process (this is known as a 'post-conviction ASBO').
Antisocial Behaviour Act 2003
Under section 12 of the act, RSLs must publish their policies and procedures on how they will deal with antisocial behaviour.
Section 13 of the act now gives RSLs and housing action trusts the same powers as local authorities to protect their tenants, including the ability to get an injunction and power of arrest without needing to prove that a tenancy agreement has been broken.
- Any person (including anyone who is not out tenant) going about their lawful business in our neighbourhoods will be protected if there is a link to our property. For example, we can apply for an injunction to protect a tenant who is being harassed by other residents even if the incident happened away from our area.
- Sections 14 and 15 of the act allow social landlords to apply to the county court for a demotion order ending the existing tenancy and replacing it with a less secure demoted tenancy for at least a year.
- An assured tenant would become an assured shorthold tenant (AST). A secure tenant of an RSL would also become an assured shorthold tenant. A demotion order can be applied for if the tenant behaves antisocially or allows a member of their household or visitor to do so and the court considers it reasonable to demote the tenancy. This order will remove the tenant's right to buy for at least a year.
- At the end of the year, if the landlord is satisfied that there has been no further antisocial behaviour and no possession proceedings have been started, the AST will go back to an assured tenancy. However, previous secure tenants of RSLs will also become fully assured tenants and will not go back to their previous secure status.
