Shapps plans new mandatory ground for possession in ASB cases

The government has announced plans to introduce a new additional mandatory ground for possession, so that tenants with a track record of anti-social behaviour can be evicted from their council or housing association property more quickly.

This new mandatory ground would lead to a faster and fairer courts process, ministers said. Under the proposals, where an individual is found guilty of housing related anti-social behaviour in one court, there will be automatic grounds for eviction in the county court. This will remove the need to prove the incidents of anti-social behaviour for a second time.

Housing Minister Grant Shapps said the move would “strengthen the hand” of residents, councils and housing associations and improve the current position where it can take a year to remove so-called “neighbours from hell”.

Shapps revealed that he would also seek to clarify the rules around the use of 'probationary tenancies', which are normally offered to new tenants for up to a year.

He said he would look to reassure housing associations that they have the same freedoms as council landlords to provide longer 'probationary' tenancies.

According to the Department for Communities and Local Government, this will mean “all social landlords can be confident that they can extend these less secure tenancies for new tenants by up to six months, giving them the extra time they may need to be certain that these new residents treat their home, and their neighbours, with respect”.

The Housing Minister said the government was taking a number of other steps, including:

• The DCLG exploring with the Ministry of Justice “whether there are any unnecessary obstacles to the swift resolution of ASB possession cases where serious harm is being caused to individuals and communities”
• Renewed funding – worth £300,000 – for the ASB Action team within the Chartered Institute of Housing to help tenants and landlords tackle ASB problems
• A review of the anti-social behaviour tools and powers available to the police, councils and social landlords. A consultation on proposed changes is expected shortly
• A recently announced trial in eight police force areas of a new approach to handling complaints of anti-social behaviour
• Transfer of ownership of the Respect Standard, which sets out best practice on preventing and tackling ASB, from the DCLG to the housing sector. The Chartered Institute of Housing, working with the Social Landlords Crime and Nuisance Group and other key partners is to lead on an early review of the Standard's content, name and any 'sign-up' arrangements.

Grant Shapps said: "For too long, too many social tenants have lived in fear of neighbours from hell, whose nasty and vicious behaviour blights their neighbourhoods. Victims and witnesses often have to continue living side by side with the perpetrators while action to evict them drags on for many months and sometimes years.

"That's why I want to give hope to these victims that this can and will be stopped. So I will introduce a new mandatory ground for possession, so any tenant convicted of serious anti-social behaviour can be evicted much more quickly. And I'm giving landlords and residents the support they need to reclaim their streets and make their houses feel like homes again."

The minister called on landlords to use “the full range” of powers at their disposal to ensure a disruptive minority of social tenants do not make other people’s lives a misery.

Crime Prevention Minister James Brokenshire added: "Anti-social behaviour ruins lives and damages our communities. It is essential those who raise the alarm and ask for help are listened to and their complaints acted upon promptly.

"These measures announced today will give greater powers to social landlords and residents to take a firm stand against the bullies and the troublemakers who commit persistent anti-social behaviour and help protect some of the most vulnerable victims from sometimes daily abuse."

Commenting on the transfer of the Respect Standard, CIH chief executive Sarah Webb said: “The Standard has played a key role in supporting landlords and tenants tackle the blight on families and communities that is anti-social behaviour. CIH has played a key role in driving this forward and we are delighted that we will be the new home of standards around anti-social behaviour.

“CIH is about sector-led improvement and we fully support the government’s plans to pass ownership of excellence in practice back to the front line professionals. After all, these are the people who are responsible for the development and delivery of innovation and improvement that makes a real difference on the ground.”