Renting Homes in Wales – Housing Law Reforms
8th August, 2013
Today we continue our series of articles about proposed changes to residential lettings in Wales.
Anti Social Behaviour
Since the Housing Act 1996, there has been a steady increase of powers available to social landlords to tackle anti-social behaviours. Mostly significantly, making the security of tenure of local authority tenants conditional on the responsible behaviour of the tenant as well and their family and visitors.
The introduction of the Anti-Social Behaviour Act 2003 streamlined the procedures for obtaining injunctions. It provides for three different types of injunctions to respond to the problems of anti-social behaviour by tenants.
The Injunctions are:
1. An anti-social behaviour injunction
2. An injunction against unlawful use of premises
3. An injunction against breach of tenancy agreement.
The Anti-Social Behaviour Act also provides a mechanism for reducing the security of tenure of a secure tenant by demoting them. The court can only grant the “demotion” order if the tenant, resident or visitor has used the premises for illegal purposes or the tenant has been causing a nuisance or annoyance and the court is satisfied it is reasonable to make the order.
Recommendations for tackling future anti-social behaviours
1. All occupation contracts should contain Prohibited Conduct terms – including domestic violence
2. Breach of the terms will justify possession proceedings in the usual way.
3. The landlord can seek injunctions for breach of terms.
4. The granting of an injunction to community landlords can be linked with an Exclusion Order, excluding the person injuncted from the premises.
5. Injunction proceedings and possession proceedings can be dealt with together.
6. Landlords can seek the demotion of a secure contract holder to a standard contract as an alternative to eviction.
7. There should be a duty placed upon social landlords to respond to anti-social behaviour.
Tomorrow we take at look at the new proposals for supported housing.
You might also be interested in...
16th November, 2018
It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »
5th November, 2018
Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »
10th October, 2018
In the lead up to World Mental Health Day on 10 October 2018, we have been posting a series of short articles discussing mental health and stress in the workplace. In this final article, we will be providing tips, to employers and employees, for managing stress and dealing with mental ill health in the workplace. Click here to... Read More »