Proposal for shorter social housing tenancies in new anti-social behaviour bill

The Department for Social Development (DSD) has just issued a consultation on a proposed Housing (Anti-Social Behaviour) Bill that would introduce short secure tenancies in Northern Ireland. Largely based on the Scottish short secure tenancy model, it is proposed that the new legislation would:

• Introduce a new social housing tenancy (the short secure tenancy), for tenants who have been involved in anti-social behaviour; and
• Amend existing legislation so that individuals who engage in anti-social behaviour following an assessment under the homelessness legislation can be treated as ineligible at any stage before they are allocated a tenancy of social housing.

The DSD proposes that social landlords in Northern Ireland should be able to convert secure tenancies to short secure tenancies where, within the previous 3 years:

• The tenant or a member of their household has been convicted of an offence which involves using the dwelling-house (or allowing it to be used) for immoral or illegal purposes, or of an indictable (i.e. criminal) offence committed in, or in the locality of, the dwelling-house, or
• Certain orders of the court such as anti-social behaviour orders (ASBOs) or injunctions have been made against the tenant or a member of their household.

The legislation is intended to support struggling tenants who might otherwise lose their tenancies through eviction. It is envisaged that landlords could use this power in cases where the cause of the offending behaviour is capable of being addressed by counselling or other support. The Housing Executive and registered housing associations, as social landlords, could choose to use short secure tenancies in these cases, rather than seek immediate orders for possession. The DSD, however, argues that such tenancies should not be used where individuals are causing harm or serious distress to their neighbours.

It is proposed that a short secure tenancy will last for at least 6 months. During that period, the landlord may ask the court to grant an order for possession of the tenancy, which the court will be required to grant. This type of tenancy could be regarded as a retrograde mechanism as it will offer considerably less security of tenure as the landlord will be able to seek a much speedier eviction. There is a danger that social landlords could routinely downgrade secure tenancies to this reduced version in the event where, for example, an ASBO has been issued to the tenant or members of their household. Furthermore, home owners and private rented tenants will not be subject this legislation which means that social rented tenants could face more serious consequences for anti-social behaviour than those who reside in other tenures; despite the fact that ASBOs are promoted as tenure neutral tools.

The proposed Housing Bill also aims to clarify the scope of the power of the Housing Executive to find a person ineligible for homelessness assistance on grounds of unacceptable behaviour. It is proposed to amend Article 7A(5) of the Housing (Northern Ireland) Order 1988 to enable the Housing Executive to treat a person as ineligible for homelessness assistance at any stage before they are allocated a tenancy of social housing. DSD intends to issue guidance which emphasises that the Housing Executive should give due consideration to whether a homeless person’s behaviour is a consequence of their homelessness or is due to the fact that they are unsuitable to be a tenant.

Housing Rights Service will be submitting evidence in the New Year. The consultation period continues until 24th February 2014. Further details can be found on their website.