Gloucester City Council
COMMITTEE : Corporate Management Team Cabinet briefing Cabinet Council DATE : 12 June 2007 27 June 2007 11 July 2007 26 July 2007 SUBJECT : Demoted Tenancies DECISION TYPE : Policy WARD : All REPORT BY : Cabinet Member for Housing & Health NO. OF APPENDICES : A – Consultation results B – Draft policy and procedure REFERENCE NO. :
1.0 PURPOSE OF REPORT
1.1 To present the draft Demoted Tenancies Policy and Procedure for approval.
2.0 RECOMMENDATIONS
2.1 That the use of demoted tenancies as an optional remedy as appropriate for dealing with anti-social behaviour be approved.
2.2 That the draft policy and procedure shown in Appendix B be approved.
2.3 That delegated authority be given to the Assistant Director – Housing and Health to make the final decision on whether to proceed with implementation following the service of the preliminary notice, including the issue of a formal notice of variation to all Tenants (under s.103 Housing Act 1985).
2.4 That the implementation process set out under 5.1 to be noted.
2.5 That members note the review process within the procedures.
Page 1 of 54 3.0 BACKGROUND
3.1 The 2003 Anti-Social Behaviour Act introduced a range of new powers to enable the police, local authorities and social landlords to more effectively manage anti-social behaviour.
3.2 Part 2. of the Act, which came into effect in England in June 2004, gives social landlords new and more effective tools for dealing with anti-social behaviour, including demoted tenancies, allowing the landlord to apply to the County Court to bring a tenancy to an end. Upon granting of the order, called a Demotion Order, the tenancy is replaced with a less secure form of tenancy.
3.3 The Court will only award a Demotion Order if the following grounds are satisfied under Section 82A of the Housing Act 1985:-
a) That the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in (i) housing related anti-social conduct, or (ii) conduct to which Section 153B of the Housing Act 1996 (use of the premises for unlawful purposes) applies, and..." b) That it is reasonable to make the order. 3.4 The level of evidence required would be the same as that required for a Possession Order applied for on grounds of anti-social behaviour.
3.5 Once in place a Demoted Order would last for an initial period of 12 months. At the end of this period, if the landlord is satisfied with the conduct of the tenant and has not served notice to seek possession of the property, then the demoted tenancy would revert back to a secure tenancy.
3.6 If the Tenant participates in any other anti-social behaviour during the 12-month period a notice of seeking possession would be served. This gives the tenant the opportunity, within a specified period, to ask for a review of the decision by GCH. If the Tenant does ask for a review, or if the outcome of the review is to uphold the Officer's decision (and there is then no judicial review application, see 3.7), then an application may be made to the County Court for a possession order. In these circumstances, the Court will only look at whether the review procedure has been followed correctly. If it is satisfied that it has, it has no discretion other than to make an outright order for possession.
3.7 The tenant’s remedy for challenging a decision to end the tenancy is judicial review, a process which provides sufficient protection against unreasonable decisions by the local authority. Judicial review is only available to the Tenant in relation to the review process itself. Any appeal against decisions of the Court follow a different appeal route.
3.8 The effect of the Demotion Order depends on the type of tenancy it replaces (or ‘demotes’). In the case of a secure tenancy (the type of tenancy normally held by
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local authority tenants), the order will end the secure tenancy and replace it with a ‘demoted tenancy’.
3.9 The tenant will lose a number of the rights enjoyed under a secure tenancy. This will include:
• The right to buy their home • The right to exchange their home with another tenant.
3.10 Many of the terms of the demoted tenancy remain the same as those which applied to the tenancy held prior to demotion. These terms include:
• The parties to the tenancy agreement • The period of the tenancy • The amount of rent • The date that rent is payable • Any arrears of rent remain payable • Any rent in advance or credit is carried over
3.11 The draft policy and procedure shown in Appendix B provides an enhancement to the GCH Anti-Social Behaviour Policy and Procedure, which contains a procedural guide to officers dealing with ASB cases in respect of a number of generic issues, for example, data protection, confidentiality and disclosure, partnership working, prevention, publicity, reporting and recording anti-social behaviour, supporting victims and witnesses, supporting perpetrators and tackling the causes of anti- social behaviour.
4.0 PROGRESS
4.1 On 15th January 2007, Tenants’ Forum approved the use of demoted tenancies as an optional remedy as appropriate for dealing with anti-social behaviour. This was approved on the basis that the following work be completed:-
• Consultation with all tenants on the change in policy and the implications of such orders. This was completed as a separate sheet within the Tenant Times, issued in April 2007. The results of the consultation were positive with 358 (89%) for the introduction of the use of demoted tenancies with just 45 (11%) against. Please see Appendix A. • Gloucester City Homes would need to prepare relevant procedures and, documentation in partnership with legal services as well as relevant publicity. Please see the draft procedures attached in Appendix B .
4.2 Following the above, on 21 st May 2007, Customer Forum approved the implementation of demoted tenancies and agreed that GCH refer to the city council for approval.
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5.0 FUTURE WORK
5.1 Following Council approval, the following further steps will be necessary to Introduce Demoted tenancies as a remedy by 1st October 2007:
5.1.1 GCH meet with legal services to discuss the amendments required to the draft policy and procedure, by the end of June 2007. This work is ongoing;
5.1.2 Confirm review process and agreed and adopted a panel constitution;
5.1.3 Issue formal notice of variation to be undertaken under sec 103 Housing Act 1985. The process to be followed under Section 103 is as follows:
• A preliminary notice will have to be served upon each Tenant informing them of the intention to serve a notice of variation. This preliminary notice will specify the proposed variation and its effect (therefore a new term will have to be drafted and explanatory notices of the effect of demoted tenancies). This notice will also invite the tenant to comment upon the proposed variation within a reasonable time. Since we have already participated in the Section 105 consultation process, a reasonable time for comments on this would be 14 days. Any comments then have to be considered by the 'Landlord' e.g. the Council, within a reasonable time, and then a final decision must be made • If a decision is made by the Council to proceed with demoted tenancies, it will then be necessary for each Tenant to then be served with a formal Notice of Variation, which explains the variation and when it will come into effect (which must not be less than 28 days). The Notice of Variation shall not take effect if the Tenant serves a valid Notice to Quit within this time
5.1.4 Write to all tenants allegedly participating in ASB advising individuals of intended policy change and implications of demoted tenancies;
5.1.5 Update the Tenancy Agreement Handbook for all Tenants;
5.1.6 Arrange external training for officers dealing with cases and panel members.
6.0 CONCLUSIONS
6.1 The introduction of demoted tenancies as another tool to tackle anti-social behaviour is supported by tenants and has been approved by Customer Forum.
6.2 The draft demoted tenancies policy and procedures are presented within this report for approval, to support the work of the GCH Anti-social Behaviour team..
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7.0 FINANCIAL IMPLICATIONS
7.1 The cost of employing a dedicated Anti-social Behaviour Team in 2007/08 is £90,000. Any course of action, which supports their work, will ensure that tenants receive the best possible outcomes for this money.
7.2 Financial provision has already been made for the cost of dealing with anti-social behaviour and it is anticipated that any costs associated with the use of these powers can be contained within existing budgets.
7.3 Name of the Officer: Robert Wharton
8.0 LEGAL IMPLICATIONS
8.1 To ensure compliance with the law, the process required to introduce demoted tenancies as described in 5.1.3 of this report must be observed.
8.2 The process for obtaining demoted orders are summarised within this report and described fully within the procedures in Appendix B .
8.3 Name of the Officer: Paul Masters
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 The Council has a duty to effectively manage anti-social behaviour as failure to do so could lead to claims against the Council under the Human Rights Act whereby tenants are entitled to the quiet enjoyment of their homes. Serious anti-social behaviour can also have a devastating effect on communities and quality of life of residents if not effectively managed.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 The most vulnerable members of the community can be victims of anti-social behaviour and therefore it is important that the Council takes all reasonable steps to protect them through effective policies and procedures in partnership with other statutory and voluntary agencies.
11.0 OTHER CORPORATE IMPLICATIONS 1. Community Safety It is expected that the measures recommended within this report will have a beneficial impact on community safety by providing more effective tackling of anti-social behaviour.
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2. Environmental None 3. Staffing None 4. Trade Union None Background Papers : Gloucester City Homes Anti-social Behaviour Policy Published Papers : Anti-social Behaviour Act 2003 Statutory Instrument 2004 No. 1502 (C.61) Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004 Statutory Instrument No. 1627 - Secure Tenancies (Notices) (England) (Amendment) Regulations 2004 Statutory Instrument 2004 No. 1679 - The Demoted Tenancies (Review of Decisions)(England) Regulations 2004 Demotion Orders - ODPM Anti-Social Behaviour Factsheet 3, 2004 Persons to Contact : Louise Beard, Director of Housing Services - GCH Telephone 01452 396528 Paul Masters, Corporate Governance & Policy Manager - GCH Telephone 01452 396003
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 1 Hucclecote Yes 2 Tuffley Yes 3 Tuffley Yes 4 Tuffley Yes 5 Matson Yes 6 White City Yes 7 White city Yes 8 Kingsholm Yes 9 Longlevens Yes 10 Tuffley Yes 11 Longlevens Yes 12 Westgate Yes 13 Tuffley Yes 14 Westgate Yes 15 Matson Yes 16 Linden Yes 17 Linden Yes 18 Tuffley Yes 19 Westgate Yes 20 Yes 21 Matson Yes 22 White City Yes 23 Tuffley Yes This will give them a chance to stop ASB 24 Tredworth Yes 25 Coney Hill Yes 26 Elmbridge Yes 27 Robinswood Yes 28 Matson Yes 29 Matson Yes 30 Robinswood Yes 31 Podsmead Yes 32 White City Yes 33 Matson Yes 34 Matson Yes 35 Matson Yes 36 Westgate Yes 37 Hucclecote Yes 38 Matson Yes 39 Tuffley Yes 40 Tuffley Yes 41 Linden Yes 42 White City Yes 43 Tuffley Yes 44 Tredworth Yes 45 Tuffley Yes 46 Podsmead Yes 47 Abbeydale Yes 48 Yes 49 Quedgeley Yes 50 Podsmead Yes
Page 7 of 54 APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 51 Yes 52 Matson Yes 53 Elmbridge Yes 54 Longlevens Yes 55 Matson Yes If it serious ASB it should be immediate eviction. 56 Matson Yes 57 Podsmead Yes 58 Matson Yes 59 Tredworth Yes 60 Podsmead Yes 61 Tredworth Yes 62 Tredworth Yes 63 Podsmead Yes 64 Podsmead Yes 65 Elmbridge Yes 66 Podsmead Yes 67 Matson Yes 68 Tuffley Yes 69 Quedgeley Yes 70 Tredworth Yes 71 Tredworth Yes 72 White City Yes 73 Podsmead Yes 74 Coney Hill Yes 75 Abbeydale Yes 76 Tuffley Yes 77 Tredworth Yes 78 Matson Yes 79 Coney Hill Yes 80 Tuffley Yes You should give new tenants a months trial 81 Westgate Yes 82 Westgate Yes 83 Matson Yes 84 Podsmead Yes 85 Abbeydale Yes 86 Elmbridge Yes 87 Coney Hill Yes 88 Tredworth Yes 89 Podsmead Yes 90 Matson Yes 91 White city Yes 92 Westgate Yes 93 Coney Hill Yes 94 Podsmead Yes 95 Matson Yes 96 Tredworth Yes 97 Coney Hill Yes 98 Tuffley Yes 99 Hucclecote Yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 100 Coney Hill Yes 101 Westgate Yes 102 Westgate Yes 103 Tuffley Yes 104 Tredworth Yes 105 White city Yes 106 Yes 107 Tuffley Yes 108 Tredworth Yes 109 Matson Yes 110 Westgate Yes 111 Tredworth Yes 112 White City Yes 113 Tredworth Yes 114 Robinswood Yes 115 Abbeydale Yes 116 Tuffley Yes 117 Tuffley Yes 118 Quedgeley Yes 119 Linden Yes 120 Tuffley Yes 121 Robinswood Yes 122 Quedgeley Yes 123 Quedgeley Yes 124 Kingsholm Yes 125 Matson Yes 126 Hucclecote Yes 127 Matson Yes 128 Westgate Yes 129 Westgate Yes 130 Podsmead Yes 131 Abbeydale Yes 132 Westgate Yes 133 Westgate Yes 134 Barnwood Yes 135 Robinswood Yes 136 Kingsholm Yes 137 Matson Yes 138 Linden Yes 139 Matson Yes 140 Matson Yes 141 Linden Yes 142 White City Yes 143 Tuffley Yes To be able to live in peace 144 Matson Yes 145 Podsmead Yes 146 Coney Hill Yes 147 Elmbridge Yes 148 Matson Yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 149 Matson Yes 150 Robinswood Yes 151 City Yes 152 Matson Yes 153 Podsmead Yes 154 Podsmead Yes 155 Westgate Yes 156 Westgate Yes 157 Westgate Yes 158 Westgate Yes 159 Hucclecote Yes 160 Westgate Yes 161 Westgate Yes 162 Westgate Yes 163 Westgate Yes 164 Westgate Yes 165 Matson Yes 166 Longlevens Yes 167 Matson Yes 168 Tuffley Yes 169 Matson Yes 170 Tuffley Yes 171 Tuffley Yes 172 Tuffley Yes 173 Westgate Yes 174 Robinswood Yes 175 Podsmead yes 176 White City Yes 177 City Yes 178 Tuffley Yes 179 Tuffley Yes 180 Tuffley Yes 181 Westgate Yes 182 Westgate Yes 183 Matson Yes 184 Matson Yes 185 Matson Yes 186 Westgate Yes 187 Podsmead Yes 188 Podsmead Yes 189 Matson Yes 190 The Oval Yes 191 Matson Yes 192 Barton Yes 193 Barton Yes 194 Tuffley Yes 195 Tredworth Yes 196 White City Yes 197 Tuffley Yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 198 Kingsholm Yes 199 Robinswood Yes 200 White City Yes 201 Tredworth Yes 202 Gloucester Yes 203 Kingsholm Yes 204 Tredworth Yes 205 The Oval Yes 206 Hempsted yes 207 Westgate yes 208 Tredworth yes 209 City yes 210 Podsmead yes 211 Hucclecote Yes How many warnings do they have? 212 Westgate yes 213 Tredworth yes 214 Tuffley yes 215 Robinswood Yes Does it apply to all household members? 216 Coney Hill yes 217 Tuffley yes 218 Barnwood yes 219 Matson Yes 220 Westgate yes 221 Podsmead yes 222 Westgate yes 223 White City yes 224 Westgate yes 225 Coney Hill yes 226 Quedgeley yes 227 White City yes 228 City yes 229 Matson yes 230 Coney Hill yes 231 Matson yes 232 Matson yes 233 Podsmead yes 234 Elmbridge yes 235 Elmbridge yes 236 Tuffley yes 237 Matson yes 238 Tuffley yes 239 Tuffley yes 240 Tuffley yes 241 Holmleigh yes 242 Westgate yes 243 Tuffley yes 244 Westgate yes 245 Podsmead yes 246 Podsmead yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 247 White City yes 248 Matson yes 249 Elmbridge yes 250 Abbeydale yes 251 Matson yes 252 Tredworth yes 253 Matson yes 254 Barton yes 255 Abbeydale yes 256 Westgate yes 257 Tuffley yes ASB is getting out of hand 258 White City yes 259 Podsmead yes 260 Westgate yes 261 Kingsholm yes 262 Elmbridge yes 263 Kingsholm yes 264 Kingsholm yes 265 Coney Hill yes 266 Matson yes 267 Coney Hill yes 268 Quedgeley yes 269 Matson yes 270 Matson yes 271 Longlevens yes 272 Matson yes 273 Matson yes People would think twice before causing trouble 274 Matson yes 275 Abbeydale yes 276 Abbeydale yes 277 Matson yes 278 Tredworth yes 279 Matson yes 280 Hucclecote yes 281 Elmbridge yes 282 Abbeydale yes 283 Matson yes 284 Matson yes 285 Podsmead yes 286 Podsmead yes 287 Tuffley yes 288 Podsmead yes 289 Tuffley yes 290 Kingsholm yes 291 Tuffley yes 292 Tuffley yes 293 Hucclecote yes 294 Kingsholm yes 295 Abbeydale yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 296 Kingsholm yes 297 yes 298 Kingsholm yes 299 Matson yes 300 Podsmead yes 301 Kingsholm yes 302 Kingsholm yes 303 Matson yes 304 Coney Hill yes 305 Tredworth yes 306 Hucclecote yes 307 Kingsholm yes The man up above plays a piccolo any time of the day, they quarrel late at night 308 Tuffley yes 309 White City yes 310 Podsmead yes 311 Westgate yes 312 Tuffley yes 313 Tuffley yes 314 Podsmead yes 315 Tuffley yes 316 Podsmead yes 317 Oval yes 318 Tuffley yes We have had a problem with drink from No 3. For 16 months nothing has been done so why will demoted tenancies be any different. Our lives are plagued by this person. We just want a quiet retirement. 319 Matson yes 320 Kingsholm yes 321 Longlevens yes 322 Kingsholm yes 323 Kingsholm yes 324 Matson yes 325 Matson yes 326 Quedgeley yes 327 City yes 328 yes 329 Podsmead yes 330 White City yes 331 Quedgeley yes 332 Tuffley yes 333 White City yes 334 Matson yes 335 Tredworth yes 336 The oval yes 337 Lower Tuffley yes 338 Barton yes 339 Matson yes 340 Tuffley yes
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 341 White City yes You must ensure all tenants get a fair hearing and are not victims of any sort of witch hunt. 342 Matson yes 343 Matson yes 344 Podsmead yes 345 Barnwood yes 346 Matson yes 347 Tredworth yes 348 Matson yes 349 Matson Yes 350 Matson yes 351 Tuffley yes Evict after one notice!!!! 352 Kingsholm yes 353 Podsmead yes 354 Podsmead yes 355 Tuffley yes 356 Tuffley yes 357 Tuffley yes 358 Hucclecote yes 359 360 361 Coney Hill No 362 Matson No This could lead to blame culture 363 Quedgeley No 364 Matson No This is another way for AS people to stay in their homes 365 Kingsholm No 366 Quedgeley no 367 Robinswood No Will weaken the procedures already in place. 368 Tuffley No Mixed with housing ass, no one is worried 369 Tredworth No Yet another chance for the perpetrators 370 Matson No Once a menace always a menace get them out. 371 Tuffley No 372 Quedgeley No This can be manipulated 373 Robinswood No It would represent an erosion of secure tenancies. 374 Westgate No I believe tenants should have a second chance 375 Podsmead No 376 Westgate No It just makes it harder to get rid of AS tenants. 377 No it will give them more time to be AS, they have enough warnings.
378 Podsmead No you can give clear warnings and evict them anyway without demoted tenancies 379 Tuffley No there should be a zero tolerance 380 Podsmead No nothing will be done 381 Coney Hill No they shouldn't act in this manner in the first place. 382 Westgate No 383 Tuffley No People on council estates who own their own houses think they can do what they want to council tenants 384 Linden No extends time of eviction 385 Matson No this is a wishy-washy approach
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APPENDIX A Feedback and Results of Customer Consultation in the Involvement of Demoted Tenancies
AREA RESPONSE COMMENTS 386 Elmbridge No 387 Matson No it will cost more & just takes that much longer to resolve in case of mistakes 388 Matson No 389 Kingsholm No this will give them the green light to do what they like 390 Kingsholm No 391 Matson No 392 Matson No Take action to evict on 1st offence not keep putting it off 393 No These kind of people give estates bad names 394 Tredworth No this sort of behaviour should not be tolerated and this just p rolongs the AS behaviour 395 Matson No persistent ASB should be punished more severely 396 Robinswood No waste of time-ASB needs quick action to be taken 397 Robinswood No too much fudging about threat should stand from the start, eviction, behave or else 398 Tuffley No why should neighbours put up with this behaviour 399 Abbeydale No 400 Podsmead No they should just be evicted 401 Robinswood No they should get 1 written warning then be evicted 402 No it prolongs the situation, why wait 12 months for the same result
403 Tuffley No will make no difference, GCC & GCH are hopeless at dealing with ASB 404 Matson No I am treated as being AS myself 405 Matson No
SUMMARY No. % For 358 89 Against 45 11 Total 403 100
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APPENDIX B APPENDIX B Gloucester City Homes
DRAFT Demoted Tenancies Policy & Procedure
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APPENDIX B Gloucester City Homes contact information How to contact us Customer Services Team Gloucester City Homes Atlantic Suite Southgate House Southgate Street Gloucester GL1 1UW Customer Services Line: 0800 408 2000 Text: 0778 148 2656 Fax: 01452 396599 Minicom: 01452 396161 Email: [email protected] www.gloscityhomes.co.uk Gloucester City Homes document format information If you would like any part of this document explained, translated or provided in another format such as large print, audio or Braille, please contact our Customer Services Team on 0800 408 2000. Bengali
Chinese
Gujarati
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Translation reads: If you would like this document in another language or format or require the services of a translator, please contact us.
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APPENDIX B STATUS (Draft / Approved / Updated / REFERENCE Archived) DRAFT 2 GlosCityS76/ALMO Project Important Notice: Printed paper copies of this procedure are uncontrolled . The current version of this procedure is available on the Intranet Documentation Master Sheet Amendments to this Document are Detailed Below Version Date Comments Date Author Approved By Number Amended Approved 1 July 06 First Draft LR 2 20.10.06 Second Draft LR & KB 3 27.11.06 Third Draft LR 4 15.12.06 Fourth Draft LR & IM 5 05.04.07 Fifth Draft LR 6 10.05.07 Sixth Draft LR 7 07.06.07 Seventh Draft LR
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APPENDIX B INTRODUCTION The Anti-Social Behaviour Act 2003 (Part 2) gives social landlords including local authorities new more effective tools to deal with anti-social behaviour through a number of provisions as follows:- • Placing a new requirement on all social landlords to prepare and publish Statements and Summaries of their Policies and Procedures in relation to anti-social behaviour (Section 12).
• Providing RSLs and HATs with the same injunctive powers to protect their tenants as local authorities as well as making several significant improvements to housing injunctions available under the Housing Act 1996 (Section 13).
• Giving social landlords the right to apply for a demotion order to end a secure tenancy and replace it with a demoted form of tenancy (Sections 14 and 15).
• Ensuring the courts give particular consideration to the actual or likely effect which anti-social behaviour has had or could have on others when considering whether it is reasonable to grant a possession order against a tenant under one of the nuisance grounds for possession. This document explains clearly how Gloucester City Homes seek demotion orders when demoted tenancies is most appropriate. POLICY Overall Aim To demote tenancies appropriately in line with current policy and procedures in dealing with anti-social behaviour. Supporting Aims The introduction of demoted tenancies underpins Gloucester City Homes key strategic objectives by:- • Preserving and enhancing a sustainable environment to aid compliance with the Decent Homes standard. • Ensuring our diverse community can live in safety and with dignity by reducing anti- social behaviour. • Providing efficient and cost effective services by reducing and preventing anti-social behaviour hence reducing the costs of dealing with its consequences. This policy and procedure assists us to comply with the Council's key priorities of streetcare and regeneration as well as the Councils key aim of "a city with good housing and health".
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APPENDIX B This policy and procedure also ensures that Gloucester City Homes comply with the management agreement with the Council in section 2 high quality, easily accessed, customer focused services leading to improved satisfaction as well as section 4 developing modern effective and efficient services with sound financial management. Relevant Legislation Anti-Social Behaviour Act 2003 Housing Act 1996 (as amended by the Anti-Social Behaviour Act 2003 Housing Act 1985 as amended SERVICE STANDARDS The Neighbourhood Services and Anti-Social Behaviour Teams se demoted tenancies where appropriate in order to assist in the efficient management of anti-social behaviour on our estates. PERFORMANCE TARGETS To be agreed. RESPECT STANDARD This policy and procedure compliments the Gloucester City Homes commitment to:- Protect communities through swift enforcement selecting the most effective tool from a range of powers such as Anti Social Behaviour Injunctions or demotion orders. DIVERSITY Gloucester City Homes is working towards equal opportunities and diversity in both the way we provide services and in the way we recruit and employ staff. We will endeavour to ensure that all employees, potential employees, clients and customers are treated fairly and consistently with respect to, and in accordance with, the principles of equal opportunities and human dignity. We are committed to valuing diversity in the workplace and in the community we serve, recognising our legal and moral responsibilities to be fair. We will ensure that, during their dealings with us, no one is treated less favourably on the grounds of race, colour, gender, language, age, religion or belief, disability, sexual orientation, or any other grounds (as outlined in the Human Rights Act 1998), which cannot be justified.
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APPENDIX B We will ensure that the vision and values of the Company support and enforce our commitment to equalities and diversity: - We will ensure that: • We are in touch with our service users and able to respond rapidly to their changing needs. • The services we are responsible for, whether provided by our own workforce or on our behalf, are made available to all with due regard to the principles of equal opportunities and fairness. • Service users are treated with dignity and respect and in accordance with the principles of human rights. Our equality and diversity initiatives have a clear and positive impact on the service our customers receive. WHAT ARE DEMOTION ORDERS? The introduction of demoted tenancies will allow landlords to apply to the court to reduce the security of tenure for an existing tenant in a similar way. Local authorities, Housing Action Trusts and registered social landlords may apply to the County Court to allow a secure tenancy to be suspended by a Demotion Order. Upon granting of the order, the tenancy is replaced with a less secure form of tenancy. The Court may only make the order if the tenant, another resident of or visitor to the tenant's home has behaved or threatened to behave in a way which is capable of causing nuisance or annoyance or includes using the premises for unlawful purposes. In addition the Court must be satisfied that it is reasonable to make the order. The use of demotion orders sends out a clear message about Gloucester City Homes commitement to combat anti-social behaviour. This gives a serious warning to the tenant that if the nuisance/breaches continue we will take swift action to end their tenancy. It also removes a number of their tenancy rights, thereby acting as a positive incentive to change behaviour. If breaches are resolved, the tenant can revert back to being a secure tenant and thus enjoy the additional rights of secure tenants (the right to buy for example). The scheme provides a clear linkage between the enjoyment of the benefits, the right of security and responsible behaviour.When an secure tenancy is demoted the tenant looses all rights associated with a secure tenancy such as right to buy, right to succession, mutual exchange etc.
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APPENDIX B HOW LONG DOES A DEMOTED TENANCY LAST? The period of demotion will initially last for 12 months but may be extended if the landlord serves notice to seek possession during this period. If at the end of the demotion period the landlord is satisfied with the conduct of the tenant, and has not served notice to seek possession of the property, then the demoted tenancy will become a secure tenancy. There is no limit to number of returns to demoted tenancy. ON WHAT GROUNDS CAN A DEMOTION ORDER BE SOUGHT?
The Court will only award a demotion order if the following grounds are satisfied:-
(a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applies, and
(b) that it is reasonable to make the order. Section 153A of the Housing Act 1996 applies to:- Conduct which is:
• capable of causing nuisance or annoyance to any person and
• directly or indirectly relates to or affects the housing management functions of the landlord
• Conduct to which Section 153B of the Housing Act 1996 applies may also be cited in seeking a demotion order. Section 153B may be applied where someone has used or threatened to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose. This may include any illegal conduct, which could include, for example:
• drug dealing;
• the running of a brothel;
• harbouring stolen goods. EVIDENCE REQUIRED IN SEEKING A DEMOTION ORDER The Court may only make the order if the tenant, another resident of or visitor to the tenant's home has behaved in a way which is capable of causing nuisance or annoyance or use of premises for unlawful purposes. In addition the Court must be satisfied that it is reasonable to make the order.
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APPENDIX B Gloucester City Homes must provide evidence to establish and clarify the context of the anti-social behaviour and/or illegal activity and its effect or potential effect on other people. This evidence could include witness statements, professional witness statements, hearsay evidence, CCTV footage, and letters of complaint to the landlord or other agencies (i.e. the police / local authority). One incident of serious anti-social behaviour may be sufficient for a Demotion order to be made. OPTIONS AVAILABLE
There are likely to be two main circumstances where landlords may wish to seek a demotion order: 1. The landlord may choose to seek a stand-alone Demotion Order, where there is substantial evidence of anti-social behaviour, but the landlord does not wish to evict outright. This could occur, for example, where the landlord has concerns that anti- social behaviour may escalate. There may have been a gradual increase in the frequency or seriousness of the behaviour or changes may have occurred to the circumstances of the tenant that have led to the incidents, for example someone new may have come to live with them. 2. A landlord may also seek a stand-alone Demotion Order where they wish to give a strong warning to the tenant but also want to continue to work with them to change their behaviour. There are a number of circumstances where this may be the case, for example where the problems are caused by a mental illness and the person is now seeking treatment, or where the problems are caused by a child and the parent is now attending parenting classes.
An Alternative To Seeking A Possession Order
Court rules allow landlords to apply for a Demotion Order at the same time as a possession order. This allows the Court to consider the evidence brought forward by the landlord in order to seek possession or demotion and to decide upon which option would present the best solution. Where a possession order is not granted but the Court decides a demotion order is applicable, this provides the tenant with a serious warning that should their behaviour continue they run the risk of losing their home. Where the landlord can show that the nature of the tenant's behaviour is so severe and disruptive that they are not minded to seek a Demotion order, then they may choose simply to apply for an outright possession order. It is important to note that the Court cannot grant a Demotion order unless requested by the claimant.
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APPENDIX B HOW TO OBTAIN A DEMOTION ORDER A demotion order must be obtained by applying to the County Court. The procedures for doing so are governed by the Civil Procedure Rules (CPR) Part 65 - Proceedings relating to Antisocial Behaviour and Harassment. Part 65 is divided into 5 sections: Section I Housing Act 1996 injunctions Section II Application by local authorities for power of arrest to be attached to an injunction Section III Demotion claims and proceedings related to demoted tenancies Section IV Anti-social behaviour orders under the Crime and Disorder Act 1998 Section V Proceedings under the Protection from Harassment Act 1997 PROCESS FOR OBTAINING A FREE STANDING CLAIM FOR DEMOTION Civil Procedure Rules (CPR) Part 65.14 to 65.19 applies to free standing demotion claims (i.e. those claims made other than in a possession claim). The claim must be made to the County Court for the district in which the property to which the claim relates is situated. This includes details of the tenancy and rent arrangements. It requests the claimant to detail any express terms of the tenancy that they wish to apply to the demoted tenancy. The claimant is also asked to provide a summary of the details of the alleged conduct that has prompted a claim for demotion. PROCESS FOR A DEMOTION CLAIM IN THE ALTERNATIVE TO A CLAIM FOR A POSSESSION ORDER The Civil Procedure Rules (CPR) Part 55 procedure applies where a Demotion order as an alternative to seeking a Possession order. With the exception that every such claim must be made in the County Court for the district in which the property to which the claim relates is situated. The claim form must include details of the tenancy and the grounds for possession. It requests the claimant to outline any relevant information about the tenant's financial and other circumstances. The claimant is also asked to complete basic details of the demotion claim. Page 24 of 54
APPENDIX B WHY USE DEMOTION ORDER RATHER THAN SUSPENDED POSSESSION ORDER? Demoted tenancies are intended to send a clear warning to tenants who have breached their tenancy by causing anti-social behaviour. Demotion establishes a clear link between acceptable standards of behaviour and the rights held by the tenant. Demoted tenancies offer tenants the opportunity (and positive incentive) to change their behaviour. Although a suspended possession order can serve as a similar 'serious warning' there has often been widespread misunderstanding of the nature of suspended possession orders by tenants, who often see this judgement as a positive result. In addition, tenants often do not understand that their tenancy may come to an end if they breach the conditions of the suspended possession order, whereas the rights of demoted tenants will be set out in statute and can be easily communicated to tenants. The enforcement of breaches of demoted tenancy conditions may be quicker than attempting to gain possession and this is a particular advantage where nuisance and anti- social behaviour are serious problems. Gloucester City Homes only has to demonstrate that the correct legal documents have been served. There are no requirements to prove grounds for possession and there is no discretion on the part of the Judge. CAN A DEMOTION ORDER BE SOUGHT ALONGSIDE OTHER MEASURES? Demotion is a powerful tool but in some instances GCH may also wish to apply for civil orders such as injunctions or ASBOs alongside a demotion application. This may be the case where the GCH wish to institute an immediate effect in curtailing or preventing anti- social behaviour for the protection of individuals or the wider community including instances of domestic abuse or hate crime. Injunctions are civil orders obtained from the County Court. An injunction prohibits the person concerned from engaging in the behaviour detailed in the injunction. Some injunctions can exclude the person from specified places or areas and a power of arrest and injunctions can only be obtained aginst an individual aged 18 years and overcan be attached under certain circumstances. Breach of the conditions of an injunction can result in up to two years' imprisonment and/or an unlimited fine for contempt of court. For further information refer to GCH ASBO guidance and procedure.Anti-social Behaviour Orders (ASBOs) are civil orders that exist to protect the public from behaviour that caused or was likely to cause harassment, alarm or distress. The orders are not criminal penalties and are not intended to punish the offender. An order can be made against anyone from the age of 10 years and containconditions prohibiting the offender from specific anti-social acts or entering defined areas and are effective for a minimum of two years. ASBOs are not restricted by housing tenure and can be made by a Magistrate or County Court. Further information on ASBOs and their use can be found at in GCH ASBOs guidance and procedures. A breach of an ASBO is a criminal offence and upon conculsion the perpetrator can b sentenced to inprisionment and/or be fined. A yound person in breach of an ASBO can be sentanced to a training or detension order alll of whicj are subject to age.
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APPENDIX B PROCEDURE FOR OBTAINING A DEMOTION ORDER Landlords are required to serve notice on secure tenants before issuing demotion proceedings. This means that the landlord must provide notification to the tenant that they intend to approach the Court with an application for a demotion order. The form of notice that must be served on the tenant by the landlord is dependent on whether the tenant holds a secure or assured form of tenancy.
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APPENDIX B FOLLOW CHART FOR CONSIDERATION GIVEN TO APPLYING FOR DEMOTION
Breach of tenancy due to anti-social behaviour
Investigation into anti-social behaviour
Evidence gathered to support claims of anti-social behaviour
Refer to ASB Officer
Is a demotion order appropriate?
Yes No
Complete application Consider other for demotion order options available
Refer to evidence gathering Refer to NMO if checklist and ensure all appropriate to agree evidence is supplied to plan of action Legal Services
Leagl Services to agree Letter sent to tenant to target for completion advise applocation has been made
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APPENDIX B FLOWCHART OF LEGAL PROCESS WHEN APPLYING FOR DEMOTION ORDER
Notice of intension to seek demotion order s83 Housing Act SI 1627 Secure tenancies (notices) regulations 1987
Application to court part 65 section111
If as alternative to possession Form N6 claim for demotion use form N5 and w119 of tenancy N122 particulars of claim
Hearing date (28 days)
Refuse Adjourn Accept
Continued ASB
Possession proceedings considered
Notice to tenant under S143E Housing Act 1996 giving 14 days to seek review
Review hearing Demoted tenants (review) regulations 2004 SI 1679/2004
Inform tenant of decision
Continue application
Form Of Notice For A Secure Tenancy
The form of notice that must be served on a secure tenant before the Court can commence proceedings for a demotion order is specified by regulations made under section 83 of the Housing Act 1985. This applies to demotion sought as a stand-alone remedy and as an alternative to seeking a possession order. Regulations have been issued in Statutory Instrument No. 1627 - Secure Tenancies (Notices) (England) (Amendment) Regulations 2004 . These regulations amend the Secure Tenancies (Notices) Regulations 1987 as they apply in England, which includes the regulations relating to the form of notice that must be
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APPENDIX B served on a secure tenant before the court can commence possession proceedings (under Section 83 of the Housing Act 1985). The notice must:- Be in pescribed form and give particulars of the conduct in respect of which an order is sought. State that the proceedings will not begin before the date specified in the notice. State that the proceedings will not begin after the end of the period of twelve months beginning with the date of the service of notice. N.B. the requirement for notice may be dispensed with if the court finds it just and equitable to do so. EVIDENCE REQUIREMENTS The landlord must provide evidence to explain to the court the context of the anti-social behaviour and/or illegal activity and its effect or potential effect on other people. This evidence could include witness statements, professional witness statements, hearsay, CCTV footage and letters of complaint. One incident of serious anti-social behaviour may be sufficient or a demotion order to be obtained. If sufficient evidence is not available at the hearing the court may decide to adjourn proceedings. Once a demotion order has been obtained the rights associated with a secure tenancy no longer apply such as right to buy, right to repairs, right to exchange, right to assign. The order has the effect of ending the secure tenancy and will be replaced by a form of demoted tenancy. The demoted tenancy will end the secure tenancy which has the effect of removing those rights associated with a secure tenancy such as exchange, right to buy and succession. THE HEARING The court will fix a hearing date when it issues a claim form. The hearing date will not be less than 28 days from the date of issue of the claim form. The standard period between the issue of the claim form and the hearing will not be more than 8 weeks. The defendant must be served with the claim form and particulars of the claim not less than 21 days before the hearing date. The court may exercise its powers to shorten these time periods particularly where there have been further serious breaches by residents, visitors or occupiers. Page 29 of 54
APPENDIX B PROCEDURE FOR EXTENDING A DEMOTED TENANCY If before the initial 12 month period of the demoted tenancy the landlord has served notice seeking possession, the period of the demoted tenancy will be extended by the court until either: • The notice of proceedings is withdrawn. • Six months pass without possession proceedings being issued. MONITORING AND EVALUATING DEMOTED TENANCIES OBTAINED Once a demoted tenancy has been obtained it must be monitored for the duration of the order that is usually 12 months by the following methods. • Working in partnership with the anti-social behaviour team and all relevant agencies to produce an action plan to develop and enable tenants to sustain the tenancy and resolve any problems. • Neighbourhood Management Officers to monitor the case ensuring that relevant referrals are made for support and that any further incidents of anti-social behaviour are logged. • Neighbourhood Management Officer to agree a review interviews with the tenant throughout this period. It is essential that at various stages throughout the period of demotion that the process is evaluated in terms of effectiveness against actions taken and number of complaints received. ENDING A DEMOTED TENANCY If at the end of the demotion period, the landlord is satisfied with the conduct of the tenant and has not served a notice seeking possession then the demoted tenancy will become a secure tenancy.
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APPENDIX B WHAT HAPPENS IF THE LANDLORD IS NOT SATISFIED WITH THE CONDUCT OF THE TENANT DURING THE DEMOTED PERIOD Should we decide to end a demoted tenancy we can apply to the County Court for a possession order but only if certain procedures have been followed prior to the application. These procedures include the service of a notice of proceedings for possession (a ‘Section 143E Notice), which must contain certain prescribed information, including our reasons for applying for the possession order, and also the Tenant’s right to request an internal review of that decision within 14 days. If no review is requested, or such a review has been concluded and a decision has been made to proceed, then, an application for possession can be made to the Court. At the possession hearing the court can only consider if the appropriate procedures were followed and does not consider the facts on which the landlords decision was based.
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APPENDIX B INTERNAL REVIEW If the tenant’s remedy for challenging the decision to proceed with possession order is to request and internal review.
Tenant advised of intention to make application for demotion under section 143e of HA 1996
Review request received within 14 days.
YES NO
Review date set ensuring that tenant has at least 5 days notice
Letter sent to tenant advising of appeal date enclosing information on procedures for review
Demoted tenancy review hearing held at GCH
Demoted tenancy review agreed?
Decision overturned Decision upheld
Tenancy demotion action suspended Proceed to make application by ASB Team to County Court for demotion order
Letter sent to tenant to advise Letter sent to tenant to advise of outcome within 5 working of outcome within 5 working days following the hearing days following the hearing
Letter sent to tenant to advise Judicial review request received demoted tenancy will not be sought within 21 days following letter? however case will continue to be monitored
ASB issues on-going? Yes No
Yes No Start process for judicial review Case closed
ASB officer to make application ASB case closed 3 months following case close to County Court for demotion order satisfaction survey sent
Tenant satisfaction survey sent 3 months after case close
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APPENDIX B APPENDIX 1 NOTICE BEFORE PROCEEDING FOR A DEMOTION ORDER NOTICE OF SEEKING DEMOTION ORDER NEEDS TO BE SECTION 143E NOTICE THIS NOTICE IS THE FIRST STEP TOWARDS THE TERMINATION OF YOUR SECURE TENANCY AND ITS REPLACEMENT WITH A DEMOTED TENANCY. YOU SHOULD READ IT VERY CAREFULLY .
1.
To:- (tenants name)
Address:- (tenants address)
2. Gloucester City Homes on behalf of your landlord Gloucester City Council intends to apply to the court for a demotion order, the effect of which will be the termination of your secure tenancy and its replacement with a demoted tenancy.
Demoted tenants have less security and fewer rights than secure tenants.
As you landlord is local authority the demoted tenancy would be a demoted tenancy as set out in chapter 1a of part 5 of the Housing Act 1996 (inserted by section 15 and schedule 1 to the Anti-Social Behaviour Act 2003). A local authority demoted tenancy will become a secure tenancy after one year unless the landlord gives noticed of proceedings for possession within that year.
3. The grounds for the demotion order are that you or a person residing in or visit (insert address) has engaged or has threatened to engage in conduct to which section 153a or 153b of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applied. The court must also be satisfied that it is reasonable to make the order.
• Section 153a applied to the conduct which is capable of causing nuisance or annoyance to any person and which directly or indirectly related to or affects the housing management functions of your landlord.
• Section 153b applied to the conduct which consists of or involves using or threatening to use housing accommodation owned or managed by your landlord for an unlawful purpose. Page 33 of 54
APPENDIX B 4. The particulars of the conduct in respect of which the demotion order is sought are as follows:-
• Even if you accept that the conduct referred to above has occurred you will still have the right to argue at the hearing that it is not reasonable for a demotion order to be sought.
5. The court proceedings for demotion will not be begun until after (insert date after which court hearing can be begun)
• Court proceedings cannot be begun until after this date, which cannot be earlier than the date when apart from the provisions of the Housing Act 1985 your tenancy or licence could have been brought to an end. The means that if you have a weekly or fortnightly tenancy there should be at least 4 weeks between the date this notice is given and the date in this paragraph.
• After this date proceedings can be begun at once or at any time during the following twelve months. Once the twelve months are up this notice will lapse and a new notice must be served before proceedings for a demotion order can be brought.
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APPENDIX B APPENDIX 2 LETTER ADVISING TENANT OF INTENTION TO SEEK DEMOTION ORDER Dear
Demotion Order Gloucester City Homes now intends to seek a Demotion Order from the County Court due to the following:- (Insert incidents) The County Court will award a demotion order if the following grounds are satisfied:- (a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applies, and (b) that it is reasonable to make the order. Section 153A of the Housing Act 1996 applies to:- Conduct which is: • capable of causing nuisance or annoyance to any person and • directly or indirectly relates to or affects the housing management functions of the landlord • Conduct to which Section 153B of the Housing Act 1996 applies may also be cited in seeking a demotion order. Section 153B may be applied where someone has used or threatened to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose. This may include any illegal conduct, which could include, for example: • drug dealing; • the running of a brothel; • harbouring stolen goods. The period of demotion will initially last for 12 months but may be extended should you be served a notice seeking possession during this period.
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APPENDIX B If at the end of the demotion period if we are satisfied your conduct has been satisfactory and you have not been served notice then the demoted tenancy will become a secure tenancy. Should you wish to appeal this decision you must complete and return the enclosed form to Gloucester City Homes within 14 days. Should you wish to discuss this further please do not hesitate to contact me on 0800 408 2000. Yours sincerely NMO/ASBO
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APPENDIX B APPENDIX 3
APPEAL FORM
APPEAL AGAINST DEMOTION ORDER Return form to: Gloucester City Homes Anti-Social Behaviour Team Atlantic Suite Southgate House, Southgate Street Gloucester GL1 1UW Gloucester City Homes intends to ask the County Court to demote your tenancy. You have the right to appeal this decision with 14 days of receiving your letter. On receipt of your appeal the Demotions Appeal Panel will hear the appeal. Name:- Address:- Notify you that I wish to appeal against the decision to demote my tenancy through application to the County Court. I understand that I should now contact an independent advice agency to assist me in completing my appeal panel application, which will detail an action plan to resolve these issues. I understand that failure to provide this application will lead to my appeal being dismissed that will result in Gloucester City Homes applying to obtain the demotion order. I consent to Gloucester City Homes (acting for Gloucester City Council) releasing personal information to persons acting on my behalf in relation to this case. Signed:- Date:-
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APPENDIX B APPENDIX 4 LETTER ADVISING TENANT OF APPEAL RECEIVED Dear
Review Of Demotion Order I write concerning the above following receiving your appeal against the decision to obtain a demotion order. (Insert incidents) Please note that your appeal date has been arranged to take place on (insert date) Should your appeal be successful we will not pursue this demotion order however will monitor this situation for a further 3 months before the case is closed. Should the review panel agree that a demotion order is required the County Court will award a demotion order if the following grounds are satisfied:- (a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applies, and (b) that it is reasonable to make the order. Section 153A of the Housing Act 1996 applies to:- Conduct which is: • capable of causing nuisance or annoyance to any person and • directly or indirectly relates to or affects the housing management functions of the landlord • Conduct to which Section 153B of the Housing Act 1996 applies may also be cited in seeking a demotion order. Section 153B may be applied where someone has used or threatened to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose. This may include any illegal conduct, which could include, for example: • drug dealing; • the running of a brothel; • harbouring stolen goods.
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APPENDIX B The period of demotion will initially last for 12 months but may be extended should you be served a notice seeking possession during this period. If at the end of the demotion period if we are satisfied your conduct has been satisfactory and you have not been served notice then the demoted tenancy will become a secure tenancy. Should you wish to appeal this decision you must complete and return the enclosed form to Gloucester City Homes within 14 days. Should you wish to discuss this further please do not hesitate to contact me on 0800 408 2000. Yours sincerely NMO
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APPENDIX B APPENDIX 5 APPEAL APPLICATION FORM
DEMOTION REVIEW PANEL APPLICATION Name Address:- Postcode:- Advice agency:- Advice worker:- Contact no:- Completing this form • When filling in the application form it is very important that you give as much information as possible about your circumstances, including (if applicable) dates of employment, illness etc.
• Information given will be kept confidential.
• It is recommended that you complete this form wit the help of an advice agency and obtain independent about your legal rights as well as the best course of action.
• If you have difficulties in completing this form, please go to your nearest Citizens Advice Bureau or other advice agency. A list of these agencies is shown overleaf.
• Your application must be received before your hearing date for which you will be given at least 7 days notice.
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APPENDIX B Details of participating agencies Citizens advice bureau 75-81 Eastgate Street Gloucester GL1 1PN Advice line: 01452 528017 Website: www.adviceguide .org.uk Anti Social Beha viour Unit 396968 Family Intervention Project 396884 Chinese Women’s Guild 332088 Mothers Union Money Advice Service 383288 Gloucester Law Centre 423492 Shelter 310748 Coney Hill Neighbourhood Project 380116 Matson Neighbourhood Project 505544 Podsmead Neighbourhood Project 541576 White City Neighbourhood Project 309440
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APPENDIX B Details your reasons for your appeal below:-
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APPENDIX B Please advise us if you wish to attend the panel hearing. Yes/No WHO WILL REVIEW MY CASE? The review will be undertaken by a senior manager at Gloucester City Homes is independent of your case. CAN I ATTEND TO REPRESENT MYSELF? Yes you have the right to attend the review hearing and also speak. Please indicate on your form if you wish to attend. WHAT HAPPENS IF THE DICISON TO END MY TENANCY IS OVERTURNED The review panel can decide to let your tenancy continue in two ways:- Unconditionally: this means that the notice to end your tenancy is withdrawn. Conditionally: this mean that although your tenancy will not be ended straight await the review panel will make conditions about your future behaviour such as keeping to agreed rent payments or not causing a nuisance to neighbours. If you do not keep to these conditions Gloucester City Homes may apply top the court without holding another review. WHAT HAPPENS IF MY APPEAL IS TURNED DOWN? Gloucester City Homes will apply to the County Court for a possession warrant (an eviction order). Although you can attend the court the judge must grant possession provided you have been given the opportunity for a review. Gloucester City Homes will not have to prove the case at this stage or bring witnesses. HOW DO I GET FURTHER ADVICE If you want to get further advice on either the decision to end your tenancy or your right to review you can contact Customer Services Team on 08004082000. HOW THE PANEL WORKS You can apply for a review if:- • You have appealed within 14 days of your letter. • You have taken independent advice prior to your hearing. WHO ATTENDS THE PANEL HEARING? A senior manager must conduct the review hearing and should be entirely independent from the particular case.
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APPENDIX B "Persons who may carry out reviews” (1) A review under section 143F of the Housing Act 1996 of a decision to seek an order for possession of a dwelling-house let under a demoted tenancy ("the review") shall be carried out by a person who was not involved in that decision. (2) Where the review is of a decision made by an officer of the landlord and is to be carried out by an another officer, the officer reviewing the decision must occupy a more senior position within the organisation of the landlord. Should a tenant wish to attend the hearing this should be requested when the appeal form is returned. Gloucester City Homes will contact the tenant to confirm attendance is appropriate and details of the hearing. WHAT YOU NEED TO DO • Make sure you get independent advice as soon as possible and work with them. • Complete the application form and action plan with your independent advisor. • You can attend the panel hearing and you will be advised of the decision based on the application and action plan submitted by your advisor. • If you wish to attend the hearing you must advise us on your application form. WHAT WILL THE PANEL DO? The panel will review your action plan and decide if they feel its likely to work given the history of the case that would have been provided by the Anti-Social Behaviour Team prior to the panel hearing. The panel will agree for action to be suspended based on the agreement made. If they decide that proceedings for a demotion order must continue you may want to consider further advice with regards to your legal rights. IF YOUR CIRCUMSTANCES CHANGE Should your circumstances change following submission of your application you must contact us as soon as possible to discuss.
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APPENDIX B APPENDIX 6 OUTCOME OF APPEAL Dear Outcome Of Appeal I write concerning the above following your appeal hearing on (insert date). I can confirm that the outcome is as follows:- (insert outcome) Gloucester City Homes now intends to seek a Demotion Order from the County Court due to the following:- (Insert incidents) The County Court will award a demotion order if the following grounds are satisfied:- (a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for unlawful purposes) applies, and (b) that it is reasonable to make the order. Section 153A of the Housing Act 1996 applies to:- Conduct which is: • capable of causing nuisance or annoyance to any person and • directly or indirectly relates to or affects the housing management functions of the landlord • Conduct to which Section 153B of the Housing Act 1996 applies may also be cited in seeking a demotion order. Section 153B may be applied where someone has used or threatened to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose. This may include any illegal conduct, which could include, for example: • drug dealing; • the running of a brothel; • harbouring stolen goods. Page 45 of 54
APPENDIX B The period of demotion will initially last for 12 months but may be extended should you be served a notice seeking possession during this period. If at the end of the demotion period if we are satisfied your conduct has been satisfactory and you have not been served notice then the demoted tenancy will become a secure tenancy. Should you wish to discuss this further please do not hesitate to contact me on 0800 408 2000. Yours sincerely NMO/ASBO
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APPENDIX B APPENDIX 7 INSTRUCTION TO LEGAL SERVICES FOR OBTAINING DEMOTION ORDER Instructions to Gloucester City Legal Services / Gloucester ASBU Instructing Officer: Tel contact: Agency: Date instructions sent: One form to be completed per address. If different home addresses, one form per perpetrator, all forms attached together. PERPETRATORS to be considered (full name(s), age(s) and date of birth): Tick those considered in this form e.g. living at the same address 1. ………………………………………………………………………
2. ………………………………………………………………………
3. ………………………………………………………………………
4. ……………………………………………………………………… HOME ADDRESS: TYPE of dwelling (flat, house, number of bedrooms, supported lodgings – give details, …..) LANDLORD: TYPE OF TENANCY (secured, assured, etc): TENANCY START DATE: Tenant & relationship with perpetrator(s):
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APPENDIX B Are there any rent arrears? Yes / No If so: Amount: as of / /2006 Full Rent £
i. Housing Benefit £ £ Summary of the case (ASB complained of, complainants, relationship between perpetrators) – general (attach a chronological case summary): Action already taken (meetings with complainants / perpetrators, ABCs, involvement of other agencies with contact details, consultation meetings, warning letter, ) in chronological order and with dates: Legal action already taken, in progress or considered (NoSP, letter before action, court action, orders obtained, convictions, bail conditions), in chronological order with dates – are there any court orders for rent arrears? Page 48 of 54
APPENDIX B Details of any possible counter allegation or complaint eg possible disrepair claim, complaints to the ombudsman, possible allegations against the alleged victims. People willing to give witness statements and give evidence in court (names, address, tel, incidents witnessed, dates unavailable): People willing to provide an anonymous witness statement (name, address, tel, incidents witnessed, dates unavailable): Page 49 of 54
APPENDIX B Other relevant information
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APPENDIX B
LEGAL ACTION REQUESTED Demotion order Perpetrator(s) Circumstances as at (date) ……………………… Name Age Income amt and Parents / Special circs origin siblings & details SPECIAL CIRCUMSTANCES Disabilities Health problems (including mental health) Harassment Relationship breakdown/domestic violence Statutory agency involvement e.g. social services /probation Multiple debt (give detail of any GCC corporate debt referral if appropriate). Support Worker (name and agency) Evidence attached (A) / to be forwarded (F)/ for the ASBU to gather (G) Witness statement(s) from non-professionals - A / F / G - - - - - Witness statement(s) from professionals: - A / F – Housing Officer - A / F – Police - - - - Diary Sheet(s) from witnesses: - A / F - - -
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APPENDIX B - Chronological case Summary, including action already taken A / F Letters sent to the perpetrators A / F File notes regarding meetings A / F File notes regarding incidents A / F File notes regarding action taken A / F Copies of relevant documents (Tenancy agreement, NOSP, letter before action, ABC, Parenting Order, PNC prints, rent statement) A / F / G Copy of ASB policies and procedures A / F Copy of convictions or Safer Estate for each perpetrator A / F / G Signed (Instructing Officer) Dated I have read Gloucester City Homes Anti-Social Behaviour policy and confirm that I deem the current action reasonable and proportionate for the following reasons: I therefore authorise the above action. I do not authorise the above and request that the following actions are carried out Signed Name of authorising Manager: Full title of authorising Manager: ………………………………….. Dated: …………………………………..
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APPENDIX B APPENDIX 8 LETTER ADVISING TENANT OF OUTCOME FOLLOWING COUNTY COURT HEARING Dear
Demotion Order Following the County Court hearing on (insert date) a demotion order was granted on the following grounds:- (Insert grounds) The period of demotion will last for 12 months but may be extended should you be served a notice of seeking possession of your home during this period. If at the end of the demotion period if we are satisfied your conduct has been satisfactory and you have not been served with a notice of seeking possession then the demoted tenancy will become a secure tenancy. If you wish to discuss this further please do not hesitate to contact me on 0800 408 2000. Yours sincerely NMO/ ASBO
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APPENDIX B APPENDIX 9 LETTER ADVISING TENANT OF OUTCOME FOLLOWING COUNTY COURT HEARING Dear Demotion Order Following the County Court hearing on (insert date) a demotion order was granted on the following grounds:- (Insert grounds) The period of demotion will last for 12 months but may be extended should you be served a notice of seeking possession of your home during this period. If at the end of the demotion period if we are satisfied your conduct has been satisfactory and you have not been served with a notice of seeking possession then the demoted tenancy will become a secure tenancy. If you wish to discuss this further please do not hesitate to contact me on 0800 408 2000. Yours sincerely NMO/ASBO
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