Housing Act 1996
The Act increases the powers of social landlords (local authority housing departments
and registered social landlords) to deal with racist tenants who harass other people.
Introductory tenancies (sometimes referred to as "probationary tenancies")
can be given to new council tenants (s.124) for the first twelve months of the tenancy.
At the end of this time the tenant gains a full "secure" tenancy. Councils can evict
introductory tenants who racially abuse their neighbours much more easily than other
tenants, since courts must grant a possession order against an introductory tenant
if the council has followed the correct procedure (s.127-130).A council cannot choose
to give introductory tenancies to just some new tenants (e.g. those with a previous
history of racial harassment). It must either apply the introductory tenancies to
all new tenants, or to none of them.
Housing associations cannot grant their new tenants an introductory tenancy, but
they may be able to use one-year shorthold tenancies for a similar purpose. The Housing
Corporation will only allow such "starter tenancies" if they are needed to protect
the housing rights of most residents in an area or the value of the housing stock.
Eviction powers for harassment or other anti-social behaviour were
increased in the Act. A social landlord can apply to the County Court for a possession
order under s.144 of the Act if the tenant, or a person visiting the dwelling, has
either:
been responsible for conduct likely to cause a nuisance or annoyance to other
people living in or visiting the area;
been convicted of using the dwelling for illegal or immoral purposes, or
been convicted of an arrestable offense carried out in the vicinity of the
property.
Courts may award a suspended possession order, rather than an outright order
that would allow the landlord to evict the tenant. If the conditions of the possession
order are broken (for example, members of the tenant's household continue to racially
abuse people living in nearby properties) the landlord can return to court to request
a full possession order.
Injunctions can be sought to prevent racial harassment on housing
estates under ss.152-153 of the Act. The injunctions can be sought against a person:
engaging in or threatening to engage in conduct likely to cause a nuisance
or annoyance to someone living in or visiting the locality, and
the individual accused has used or threatened to use violence, and
there is a significant risk of harm if the injunction is not granted.
Section 152 can be taken out by councils against non-tenants visiting their estates.
Courts may attach a power of arrest to the injunction. Section 153 injunctions can
be used by councils and registered social landlords to tackle harassment by their
own tenants.
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