Anti-Social Behaviour : Challenges and Solutions Conference 13 May Housing (Scotland) Act 2014 New Powers for Social Landlords.

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2 Anti-Social Behaviour : Challenges and Solutions Conference 13 May 2015 Housing (Scotland) Act 2014 New Powers for Social Landlords. Shirley Evans, Senior Associate

3 Introduction to the Act One of stated purposes of the Act is to make better use of existing stock of social rented homes. amends both the Housing (Scotland) Act 1987 and the Housing (Scotland) Act 2001 ( the 2001 Act ) provides additional tools to support continuing efforts to reduce ASB Part 2 includes amendments to the ways in which social Landlords -grant or convert to a SSSTA -evict following a conviction.

4 Challenges for Dealing with ASB Very time consuming, stressful, resource intensive and expensive Detrimental impact on individuals and communities divisions, fear, complacency Reputational damage Legal options - ASBO - SSTA (eviction, reasonableness test) - SSSTA (no breach eviction) Judicial process is slow and the approach from the bench is inconsistent

5 Short Scottish Secure Tenancy Current legislation is contained within Sections and Schedule 6 (Grounds for granting SSSTA in relation to ASB para 1 (eviction order for ASB) and para 2 (Full ASBO)) Refresher Term of no less than 6 months (S34, 2001 Act) Gives RSL the right to convert a SSTA to a SSSTA where there is a full ASBO in place relating to the tenant, a person residing with or subtenant of the tenant (S35, 2001 Act) Gives RSL compulsory right to terminate SSSTA even if no breach of SSSTA (S36, 2001 Act) Where SSSTA has been granted due to previous eviction order or where full ASBO granted it will AUTOMATICALLY CONVERT TO A FULL SSTA AFTER 12 MONTHS (S37, 2001 Act)

6 Amendments under the 2014 Act - Conversion to SSSTA Conversion to SSSTA (S35, 2001 Act) S7(2) of the 2014 Act extends the circumstances where SSTA can be converted to a SSSTA beyond the granting of an ASBO. You must have regard to guidance from the Scottish Ministers before creating a tenancy under S35 of the 2001 Act by conversion to a SSSTA. Conversion now includes circumstances where the tenant or person associated with the tenant has within the previous 3 years i. Acted in any anti-social manner ii. iii. Pursued a course of conduct amounting to harassment or Pursued a course of conduct which is otherwise anti-social conduct in relation to another person residing in, visiting or otherwise engaged in lawful activity of the house. Right to appeal against conversion

7 Amendments under the 2014 Act - Conversion to SSSTA anti-social is defined in Section 35(7) for the purpose of this section as in relation to an action or a course of conduct, means causing or likely to cause, alarm, distress, nuisance or annoyance conduct includes speech and a course of conduct must involve conduct on at least two occasions harrassment is to be construed in accordance with Section 8 of the Protection from Harassment Act 1997

8 Amendments under the 2014 Act - Conversion to SSSTA Think before you convert. Still need housing support services in place to enable the conversion back to SSTA. A new converted SSSTA has a term of 12 months under the 2014 Act. This compares to the position under the 2001 Act where the initial term is 6 months. The term can be extended by 6 months (once only) after service of 2 months prior notice before the expiry of the tenancy informing of the reasons for extension. You must have regard to guidance from the Scottish Ministers before extension May be quicker to proceed to evict under SSTA provisions if ASB is likely to continue. Gives another option. Limited practical use?

9 Amendments under the 2014 Act - SSSTA Grounds for granting SSSTA (Schedule 6) Act includes a new Ground 2A to include where tenant or a person associated with the tenant has within the previous 3 years has i. Acted in an anti-social manner or ii. Pursued a course of conduct amounting to harassment or iii. Pursued a course of conduct which is otherwise anti-social conduct in relation to another person residing in, visiting or otherwise engaged in lawful activity of the house. Still need housing support services in place to enable the conversion to a SSTA.

10 Amendments under the 2014 Act - SSSTA Granting of SSSTA (S34) S 9 extends the minimum term of a SSSTA granted under one of the anti-social grounds (Grounds 1, 2 or 2A, Schedule 6) from 6 months 12 months. Otherwise the term is 6 months for any other SSSTAs! S 9 extends the maximum term of a SSSTA granted under one of the anti-social grounds to18 months (i.e. initial 12 months + 6 months extension). In relation to the 6 months extension, tenants must be given 2 months prior to written notice of the extension and reasons for doing so. Tenants must be in in receipt of housing support services. Knock on amendments to conversion to a full SSTA (S37, 2001 Act) after 12 or 18 months.

11 Recovery of Possession of SSSTA Landlords no longer have the automatic right to recover possession of a SSSTA granted under Grounds 1, 2 or 2A. Must be a breach of the SSSTA. The S36 Notice where the landlord is attempting to recover possession must state the reason why the landlord is seeking possession and refer to the specific obligations in the SSSTA the landlord considers broken. Tenants will have the right to request a review of the decision within 14 days. Review Process Confirm decision including reasons or withdraw notice to recover possession Notify the tenant Regulations will be made

12 Grounds for eviction anti-social behaviour Alternative course of eviction where SSTA or where SSSTA is under Sections14-16, 2001 Act with reference to the Grounds for eviction as laid out in Schedule 2 reasonableness test Where Ground 2 of Schedule 2 is used (conviction ground) the reasonableness requirement to evict is now removed. (Eviction of SSSTA created under 1,2 or 2A of Schedule 6 relies on breach, review process - challengeable) Must have regard to guidance issued before proceedings raised Notice must be served within 12 months of the conviction or appeal Welcomed and useful amendment. Simplifies eviction process where there is a conviction.

13 Panacea to deal with ASB? Opinions are my own! Extension of conversion grounds from SSTA to SSSTA Gives more flexibility Already have discretion as to whether or not to grant SSSTA Suspension at application stage for applicants with a history of ASB New Ground 2A of Schedule 6 for granting SSSTA Allows more flexibility. Still need robust evidence as with suspension. Careful and thorough reference taking.

14 Panacea to deal with ASB? Minimum term of ASB SSSTA extended to 12 months Long time for victims Review process even if terminated Longer period of security for tenant (12 months minimum, 1 month under SSTA) Recovery of possession Provisions re termination of SSSTA for ASB are the only ones where landlords require to give reasons! Double edged sword when terminating (need a breach for SSSTA) Allows review. Uncertainty about the procedures to be followed in connection with the review until guidance

15 Outstanding issues re ASB What can you do during the period of SSSTA if problems arise? ASBO (cost/resources) Longer period for communities to suffer How many times can conversion take place? Increased funding for housing support services? Lack of focus on judicial system s failure to treat cases with some priority No account taken of resources with the judicial system to deal with cases No consistency as to how cases are dealt with in various Sheriff Courts throughout Scotland despite the Court Rules reluctance at times to fix Proofs?

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