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Upcoming changes to legislation and impact on ASB

ASBOF. Upcoming changes to legislation and impact on ASB. Fraser Gormal, chair ASBOF, Community Safety Glasgow Fiona Alder, Treasurer ASBOF, Fife Council. ASBOF. Aims. To outline the main upcoming legislative changes Discuss the real work challenges Offer solutions. ASBOF.

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Upcoming changes to legislation and impact on ASB

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

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

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

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

  5. Main Objectives ASBOF • 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

  6. Tackling ASB ASBOF • 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

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

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

  9. Changes to SSSTs ASBOF • 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.

  10. Others ASBOF • 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.

  11. Guidance ASBOF • 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?

  12. ASB review ASBOF • Promoting Positive Outcomes • Review • Ministerial question • Undertaking for a review this year

  13. ASBOF 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

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

  15. Noise Nuisance ASBOF • 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…….

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

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

  18. Summary ASBOF • Questions • Discussion

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