Renters Reform, Spotlight On Noise Report & Much More…
The World Of ASB
Noise Complaints Spotlight Report – Change Is Underway…
In the wake of the Housing Ombudsman’s Spotlight report on noise complaints, landlords across the country have begun implementing a series of changes aimed at addressing the concerns raised. The report, published in October 2022 under the title “Time to be Heard,” outlined various recommendations regarding voids, good neighbourhood management, and knowledge and information management. The Ombudsman’s evaluation of its Spotlight report on noise complaints reveals that 60% of landlords are implementing action plans based on the report’s recommendations. This positive response indicates the sector’s willingness to address noise-related issues. The report highlights some great case studies too, including effective landlord responses to residents suffering from PTSD due to neighbour disputes.
Since the initial report in October 2022, improvements have been made in:
- Void standards
- Assessing and triaging reports of noise, to ensure that they truly meet the threshold to be considered ASB
- Noise management procedures, including implementing measures such as soft door-closure mechanisms, noise insulation checks, and reviewing previous noise complaints.
Notably, 45% of landlords now have or are planning neighbourhood management policies, and 22% have adopted separate noise policies, addressing the issue of treating all noise cases as anti-social behaviour (ASB).
The Ombudsman underscores the impact of noise on residents’ mental health and commends efforts such as specific training and partnerships with organisations like Mind. Other improvements include introducing timescales for responding to noise complaints, changing mediation approaches, and triaging noise complaints to differentiate between household noise and ASB.
You can read the full article here
Darren’s Thoughts: This report shows some great progress made by landlords with policies and aligned action that will make a difference in communities. However, the evaluation does also identify areas for further action, such as improving knowledge and information management around noise complaints and increasing landlords’ visibility in communities. This suggests a need for continued efforts to address noise-related issues comprehensively. Our training on non-ASB noise reports is an essential for ASB practitioners looking to upskill in this area… our next live online training session is on the 15th May – find out more and enrol you and your team…
APCC Guidance Issued Ahead Of May Elections
The Association of Police Crime Commissioners (PCCs) have issued updated guidance on the role of the PCCs ahead of the upcoming elections this May. In this guidance you can gain a thorough understanding of the role and responsibilities of the PCC and the National Partnerships that PCCs work with to ensure that communities are adequately served. You can read the full guidance via the resources on the Associations website:
Updated Safeguarding Guidance
The Government have issued an update to the Information sharing advice for safeguarding practitioners. This guidance is tailored to professionals engaged in safeguarding responsibilities, and underscores the criticality of information sharing in ensuring the safety and welfare of children and families. Given the role that officers working in ASB play, often being amongst the first to identify safeguarding concerns, if it vital that we understand our role and the steps we should take. You can read the updates and get access to all the documents here.
The Renters Reform Bill Is Back In Parliament
The long-awaited Renters (Reform) Bill is finally making its way back to the House of Commons this week after facing numerous delays. This significant legislation, scheduled for its second reading on Wednesday, will bring about several amendments. These are aimed to strengthen the rights of tenants renting in the private sector but will likely also impact upon the management of ASB. Here is what is being proposed:
- Comprehensive Review of Courts: Before the abolition of Section 21 for existing tenancies, there will be a thorough review of the courts to ensure they are adequately equipped to handle the anticipated increase in caseloads. This step is crucial for maintaining the effectiveness and efficiency of the legal system in resolving disputes between landlords and tenants.
- Residency Requirement for Notice to Leave: Under the proposed changes, tenants will need to have resided in a property for a minimum of four months before they can serve a two-month notice to leave. This requirement applies specifically to fixed-term tenancies and aims to provide a level of stability for both tenants and landlords, reducing the potential for short-term tenancies and frequent turnover.
- New Ground for Possession in Student Housing: This provision aims to protect the interests of landlords by ensuring they can efficiently manage the turnover of student tenants on an annual basis. This adjustment recognises the unique nature of student accommodation and seeks to provide landlords with the necessary tools to maintain their properties effectively.
The legislation will “improve the system for both the 11 million private renters and 2.3 million landlords in England”, according to the government, however there has been a lot of speculation and criticism for the bill, and the number of amendments that have been posed.
For private landlords, this change will mean a new process for seeking possession, requiring the landlord to apply to court and prove the ground on which they are relying. It has been recognised that this could significantly impact court time, which is already under much strain. As a response, a comprehensive review of courts with be taking place to ensure they are adequately equipped to handle the anticipated increase in caseloads.
ASB professionals may also feel the impact of these changes. It may mean that it takes longer for a private landlord to seek possession where serious ASB and harm is occurring. A private landlord cannot use tools such as injunctions or closure orders to bring interim relief to communities whilst the possession matter is progressing through court. Partners such as the Police and Local Authority may need to consider these options.
Janine’s thoughts: Training and guidance for private landlords and property agents will be vital as we move towards a commencement date for these changes. Private landlords have not previously been required to prove a case for possession, so may need education on the types of behaviour that amount to ASB, how they can best evidence the incidents have occurred, the importance of demonstrating proportionality etc. I am uniquely placed to assist with this, having been a Housing Member of the 1st Tier Property Tribunal in Scotland since 2017, when they scrapped s21. Since then, private landlords in Scotland have been required to make possession applications to the tribunal and Janine has sat on a number of ASB related matters. I am pleased to be assisting Property Mark with an upcoming webinar to share her insights from her knowledge of ASB and how landlords can prepare the strongest cases. We also sit on the Department of Levelling Up, Homes and Communities advisory group, established to inform the introduction of the ASB ground in the private sector. We hope that this influence and awareness raising will assist ASB partners by ensuring private landlords are better equipped to manage ASB… If you need support with ensuring that your policies and processes are future proof then do reach out to us, it could be exactly the right time to consider our bespoke consultancy service. Email info@greenandburtonasb.co.uk to book a consultation.
Growing Pressure Over The Rough Sleeping Clampdown…
The BBC reports that Home Secretary James Cleverly is under increasing pressure regarding government plans to tackle “nuisance” rough sleeping in England and Wales. Over 30 charities have voiced concerns about potential fines for vulnerable individuals seeking shelter.
The proposed measures in the Criminal Justice Bill would grant police powers to address “nuisance” behaviour among rough sleepers, with fines or arrests for non-compliance. However, critics argue that the definition of “nuisance” is overly broad.
Discussions with Conservative MPs aim to find a compromise, as some Tories and opposition MPs oppose the plans, viewing them as punitive rather than supportive. It’s reported that the Home Office contends the measures target antisocial behaviour while avoiding criminalising homelessness. Despite this, concerns persist about potential unintended consequences and the broader impact on homeless individuals.
Read the full article here
New Insight
Guest Article From Andy Moore At MSB Solicitors - Good Practice in Proceedings for Contempt of Court
Our latest article is a deep dive into good practice in proceedings for Contempt of Court brought to you from expert Partner and Head of Anti-Social Behaviour and Leasehold (Social Housing), Andy Moore.
This article provides an in-depth analysis of procedural aspects such as requirements for committal proceedings, burden of proof considerations, and potential sanctions. Gain insights into evidence evaluation, procedures for defendant absence, and principles guiding fair hearings. It will also enhance your understanding of the legal framework concerning injunctions related to anti-social behaviour and harassment with this comprehensive overview.
Read the full article here
A huge thank you to Andy from MSB Solicitors for providing us with this insight – you can find out more about the team at MSB by visiting their website www.msbsolicitors.co.uk.
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Have a great week,
Darren & Janine