New laws planned to tackle anti social behaviour

The Housing Minister, Nelson McCausland, intends to introduce to the NI Assembly a Bill to tackle anti social behaviour in social housing. The Minister suggests allowing social housing landlords to show a “yellow card” to “failing tenants” who cause problems to neighbours. The new legislation would:

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

New short secure tenancy

The proposed short secure tenancy would allow social housing landlords to convert a secure tenancy to a short secure tenancy where, in the previous 3 years:

• A tenant, or household member, has been convicted of an offence which involves using the property (or allowing it to be used) for immoral or illegal purposes, or a commits an criminal offence in the property, or locality; or
• Certain court orders, such as ASBOs or injunctions have been made against the tenant or household members.

Landlords could use this power as an alternative to seeking a possession order in cases where the cause of the behaviour is capable of being addressed through support and the tenant is prepared to engage with the support. Where the tenancy is converted to a short secure tenancy the landlord will be required to offer appropriate support to help them to sustain the tenancy.

A short secure tenancy would last for a term of at least 6 months. During this time the landlord could ask the court for a possession order which the court would be required to grant. If the landlord does not apply for a possession order during the term the short secure tenancy will revert to a secure tenancy when the term comes to an end.

Changes to eligibility for homelessness assistance

The Housing Executive can currently find a person ineligible for assistance on the grounds of unacceptable behaviour when assessing homelessness applications.  It is proposed to amend this to allow them to apply this discretion at any stage before a tenancy is allocated.

The consultation runs until 24th February.

Further reading on Anti Social behaviour

Find out what Policy & Communications Manager at Housing Rights Service, Nicola McCrudden thinks of the proposals contained in the bill.

Find out more about existing remedies and approaches to help deal with Anti Social behaviour in our Professional Resource