Upcoming changes to legislation and impact on ASB Fraser Gormal, chair ASBOF, Community Safety Glasgow Fiona Alder, Treasurer ASBOF, Fife Council

Aims To outline the main upcoming legislative changes Discuss the real work challenges Offer solutions

Main upcoming Issues Housing Bill ASB act and guidance review Housing panel/tribunal Others e.g. zero waste, noise, SHR performance indicators

Housing bill To give social landlords (councils and housing associations) greater flexibility to meet housing need and build strong communities

Main Objectives increasing local flexibility ensuring best use of available affordable rented housing tackling antisocial behaviour providing further protection for tenants, particularly tenants with Short Scottish Secure Tenancies clarifying existing legislation

Tackling ASB Proposal 6 Reflecting current practice in legislation by allowing a minimum period to be put in place before antisocial tenants are eligible for the allocation of social housing

Proposal 7 Allowing landlords to give Short Scottish Secure Tenancies to applicants and tenants with a history of antisocial behaviour

Proposal 8 Simplifying evictions for tenants convicted of a serious offence This does not necessarily mean faster!

Changes to SSSTs Giving greater protection to tenants of Short Scottish Secure Tenancies extending the minimum term of tenancies which are intended to convert to a Scottish Secure Tenancy after 12 months; giving tenants a right to request a review of a decision to seek eviction action and requiring landlords to give tenants reasons why eviction action is being taken.

Others Scottish Government to consider allowing an applicant’s age to be taken into account when allocating social housing to minimise neighbour disputes caused by lifestyle clashes.

Guidance Detail will be required What is a history of ASB? How long? What severity? What standard of evidence? How will this be recorded and shared?

ASB review Promoting Positive Outcomes Review Ministerial question Undertaking for a review this year

Antisocial Behaviour etc Scotland Act 2004 Some key points –Antisocial behaviour Strategies –Legal and technical aspects of ASBOs –Info sharing –Fixed Penalty Notices –Closure Orders

ASB Guidance review Part 1 Strategy Guidance Part 2 ASBO guidance Part 4 Closure Guidance Part 7 Guidance - P/Ls

Noise Nuisance ASB act Part 2 ASB act Part 5 Statutory Nuisance Environmental Protection Act 1990 Housing Scotland Act 1988 and 2001 – tenancy agreements/recovery grounds Civic Government Scotland Act 1982 Mediation…….

Housing Tribunal/panel Housing matters before a first tier Tribunal What issues will this hear? Will this help? Speed of process (appeals?) Costs?

Scottish Housing Regulator Indicator 19 % of cases closed within locally agreed timescales Does this follow ASB best practice e.g. –Monitoring –Victim support

Summary Questions Discussion