Give councils powers over landlords to tackle ASB by private tenants: LGA

Councils should be given greater powers to force landlords to crack down on the anti-social behaviour of tenants in privately rented accommodation, the Local Government Association has said.

The LGA also called for the community trigger contained in the Anti-Social Behaviour, Crime and Policing Bill to be set by local partners, including the police and councils.

In a briefing ahead of the second reading, the association said: “A national threshold (as currently in the Bill) will fail to take account of local circumstances.”

In relation to private sector landlords, the LGA said the Bill presented an opportunity to follow legislation already in place in Scotland.

The Anti-Social Behaviour Bill (Scotland) Act 2004 requires private landlords to be registered with their local council.

Local authorities can serve Antisocial Behaviour Notices on private landlords specifying the action that they must take and the time in which the behaviour must be addressed.

Landlords can be banned from collecting rent if they fail to take their responsibility to manage their tenants seriously.

Cllr Mehboob Khan, chair of the LGA’s Safer and Stronger Communities Board, said: “Councils know people look to them to tackle the anti-social behaviour which can make a law-abiding resident's life hell or blight an entire neighbourhood. We support the added flexibilities this new Bill offers local authorities but it could go further. 

“The problem of anti-social behaviour by tenants in private housing is considerable and councils have few powers to step in. The majority of private landlords are responsible and considerate but there are plenty who care little about the behaviour of their tenants as long as they pay their rent each week.”

Cllr Khan, who was due to give evidence to the Bill Committee yesterday (18 June), added: “Hitting those that ignore warnings by stopping them from collecting rent would certainly make them sit up and take notice to the damaging effect that anti-social behaviour can inflict on neighbours and the community as a whole.”

The LGA’s briefing can be found here. The association’s key messages were:

• “The LGA welcomes the added flexibility to tackle anti-social behaviour that the Bill provides and notes that the Government has listened to feedback received during pre-legislative scrutiny. For example, proposals on injunctions (Part 1) now include a power of arrest, as recommended by the LGA.
• Councils know that the most effective way of tackling anti-social behaviour is to stop it happening in the first place. This means working in partnership with schools, youth offending teams, health, fire services, probation services and the police to steer people away from activity which causes harassment or distress to others.
• Councils have a good track record of providing services that turn lives around, both in terms of supporting those affected by anti-social behaviour and rehabilitating perpetrators. However, continuing this support will not be easy due to the budget pressures on councils and other public services.
• The provisions in this Bill relate to all persons from the age of 10 years and over. The Bill thus presents an opportunity to consider how anti-social behaviour rules should apply to young people. Where they are responsible for such behaviour, the focus of the response must be to help them grow into law-abiding citizens and be proportionate to their behaviour and any similar history.
• Clarity is needed from the Home Office on the cost of imposing ‘positive requirements' (Part 1) on perpetrators of anti-social behaviour. The LGA is concerned that the overall estimates that the injunctions will be cheaper to use than ASBOs may not be right and positive requirements may impose an additional financial burden on councils.
• The LGA appreciates the value of the community trigger (Part 6), which has been explored through Home Office pilots around the UK. However, we would like to see the trigger threshold set by local partners, including the police and council. A national threshold (as currently in the Bill) will fail to take account of local circumstances.
• The extension of powers for the police and councils to deal with dangerously out of control dogs (Part 7) on private property is welcome, and combined with measures in the Bill around anti-social behaviour, will provide local partners with the powers they need to tackle irresponsible owners.”