The Scottish Government

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Housing and Anti-Social Behaviour: The Way Ahead

SUMMARY

Anti-social Behaviour Orders/Extended Grounds for Eviction

The Scottish Executive has commissioned the CIH to undertake a monitoring exercise on the use of the new eviction grounds. The study will report by end March 2000.

Dundee Families Project

An evaluation of the Dundee Families Project is currently being carried out the Department of Social Policy and Social Work and the Department of Urban Studies at Glasgow University. The study will evaluate the effectiveness of the project and identify features which have contributed to identified areas of success, in order to inform the development of similar initiatives elsewhere.

Court Delays

A research study into the legal process to identify any possible delays in dealing with anti-social behaviour cases is due to report by end December 1999. We will promptly analyse the results and explore further the options for speeding up the eviction process.

Baseline Study

The current review of practice in housing should show the ways in which measures already in place are being utilised in tackling the problem of anti-social behaviour as compared to before the original baseline study. The study is due to report next Spring.

Probationary Tenancies

In the Housing Bill we will introduce probationary tenancies, on the model recommended by the Scottish Affairs Committee but extended to allow for the sheriff to attach a probationary tenancy to a decree for eviction.

Suspension Of Right To Buy

In the Housing Bill we will legislate to suspend the Right to Buy for anti-social tenants while eviction proceedings are taking place and for those with probationary tenancies. This period as a probationary tenancy would not count towards discount entitlement.

Replication of Dundee Families Project

We will make available to local authorities guidance on the lessons emerging from the Dundee Families Project, following its evaluation.

'Fast Tracking' - The Multi Agency Approach

We will evaluate the formal protocol arrangements entered into between Glasgow City Council's legal department, the police and the procurator-fiscal for 'Fast-Tracking' for drugs cases in both Barmulloch and West Drumoyne with a view to similar arrangements being replicated elsewhere

Strengthening Of Compulsory Transfers

We will amend the law to strengthen the management ground for possession of a house where anti-social behaviour has taken place to ensure that proceedings can be expedited; and

that the role of the courts should simply be to be satisfied that suitable alternative accommodation is available.

Sociable Neighbourhood Initiative

The Executive is looking for new ways to encourage innovation and demonstrate the range of ways in which anti social behaviour can be both prevented and managed. This might be by way of challenge funding for new initiatives but the Executive is open to other suggestions.

Housing Tribunals

We will consultViews are sought on the introduction of some system of housing tribunal and, if so, whether such a system:

• should have judicial determinations/arbitrations;

• should be administered by a new or existing body;

• should provide an avenue of redress for any complaint by a tenant, whether anti-social behaviour, repairs, landlord harassment, rent levels or services;

• should be available to owner-occupiers and private sector tenants as well as public sector tenants.

Single Social Tenancy

The single social tenancy agreement will spell out in detail the behaviour expected of a tenant, of anyone residing with him/her and of any visitors and the consequences should the terms of the tenancy be broken. [Beverly Q & A - though we may want to add a sentence to text is it standardising on secure or assured or is it something new altogether] We envisage that such terms will be based on the secure model and enhanced to ensure its clarity in both obligations and responsibilities of tenants and landlords.

Private sector

We will investigate how best to strengthen sanctions against perpetrators in the private rented or owner occupied sector. This will include drawing on existing powers and good practice and the consideration of new measures to deal with the problems in this sector. This investigation will draw on the experience to date of the range of agencies in responding to problems in this sector, including the use of ASBOs and professional witnesses.

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