Anti-social Behaviour Act 2003

Part 2 of the Anti-social Behaviour Act 2003 came into force on 30 June 2004. The Act gives local authorities, housing action trusts and social landlords registered with the Housing Corporation new powers to deal with anti-social behaviour. It develops the use of injunctions and introduces demoted tenancies. It also imposes a duty on social landlords to publish their anti-social behaviour policies to inform tenants and members of the public about the measures that will be used to combat anti-social behaviour in their housing stock.

Injunctions

The 2003 Act repeals sections 152 and 153 of the Housing Act 1996 and inserts 5 new sections:

• section 153A – anti-social behaviour injunction
• section 153B – injunction against unlawful use of premises
• section 153C – exclusion order and power of arrest
• section 153D – injunction against breach of tenancy agreement
• section 153E – supplementary provisions

The repealed section 153 was restricted to local authorities. The new section 153A extends the use of injunctions to “a relevant landlord” – local authorities; housing action trusts and registered social landlords. An injunction can be granted against any person whose behaviour could cause nuisance or annoyance to:

• anyone who has a right to live in property owned or manage by the landlord – tenants and licensees
• anyone who has a right to live in any other property in the neighbourhood – owner occupiers or tenants of other landlords
• anyone else lawfully in such property or in the neighbourhood – visitors or people working in the area
• staff employed in connection with the management of the landlord’s stock

The conduct need not cause nuisance or annoyance to any specific individual. It is sufficient that it is capable of having that effect.

It does not matter where the conduct occurs. What is relevant is the connection between the perpetrator and the victim. This avoids the problem surrounding locality. A landlord could apply for an injunction to protect a tenant who has been harassed by another resident even if the incident happened away from the estate.

Section 153B enables a relevant landlord to apply for an injunction where someone has used or threatens to use premises for illegal purposes such as drug dealing.

The Court now has the power under section 153C to attach a power of arrest or to exclude a person from specified premises or a specified area where there is use or threat of violence or there is a significant risk of harm. This could include emotional or psychological harm or could apply where there is sexual or racial harassment.

Under section 153D an injunction may be available to restrain a breach of a term of the tenancy agreement where the tenant is engaged or threatening to engage in conduct capable of being a nuisance or annoyance and must include violence or a threat of violence.

Demoted Tenancies

RSLs can now apply for a demotion order that converts a secure tenancy to a demoted tenancy or an assured tenancy to a demoted assured shorthold tenancy. This allows a landlord to take possession proceedings without having to rely on any statutory grounds if there is a further breach of the tenancy agreement. If the tenant’s behaviour improves and no possession action is taken after 12 months the tenancy is promoted back to a secure or an assured tenancy. This is similar to the introductory tenancy but makes the probationary period available for use at any time during the tenancy. Demotion is a less severe sanction than an outright possession order and provides the tenant with a last chance to improve. The right to buy and other rights are lost during the demotion period.

A demotion order can be ordered if the tenant or someone else for whom the tenant is responsible has used the premises for illegal purposes or has behaved in a way that is capable of causing a nuisance or annoyance. The court must also be satisfied that it is reasonable to make the order. The required misconduct is that to which the new sections 153A or 153B apply.

Before issuing proceedings the landlord must serve a notice in a prescribed form on the tenant. The minimum length of notice is 4 weeks for a secure tenancy and 2 weeks for an assured tenancy.

A demotion order ends the secure or assured tenancy. Rent owed at the date of the order is still owed under the demoted tenancy. The parties, rent and due dates remain the same but the landlord can serve a statement on the tenant selecting which of the express terms of the former tenancy are carried forward into the new tenancy.

The procedure for terminating a demoted secure tenancy is very similar to the procedure for ending an introductory tenancy. The tenant is entitled to 4 weeks notice, and to be given reasons and an explanation of the tenant’s rights, and to seek a review before an application is made to the court. There is a different procedure for a demoted assured tenancy. The landlord can serve a notice under section 21 of the 1988 Act and give 2 months notice without stating any grounds. The landlord does not have to wait the usual 6 months before terminating the tenancy.

Policies and Procedures

A new duty is imposed on social landlords to publish their anti-social behaviour policies. RSLs must prepare a policy in relation to anti-social behaviour and prepare procedures for dealing with anti-social behaviour. The purpose of the legislation is to increase the accountability of social landlords. Social landlords have 6 months to publish a statement of policies and are under a continuing duty to keep them under review. Guidance is to be issued by the Secretary of State on the contents of such policies

Using the New Act

We have already used the new Act to obtain an injunction under sections 153A and 153C. A friend of the tenant took objection to complaints from neighbours about noise nuisance. As well as damaging another resident’s car and causing two neighbours to leave their house the man concerned also made threats against housing staff. The Housing Association was commended by the District Judge for using its new powers to protect its tenants and staff. The injunction included an exclusion order banning the defendant from the estate. Before the new Act the Housing Association would not have had been able to obtain an injunction.

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