In this article, Lis Bradshaw looks at the new regulations allowing housing associations to apply for antisocial behaviour orders.
The Police Reform Act 2002, which received Royal Assent on 24 July 2002 and came into force on the 1 December 2002, gives registered social landlords (RSL) the ability to apply for antisocial behaviour orders.
An antisocial behaviour order is a civil order granted by a Magistrates’ Court against anyone who is over 10 years old and is causing, or is likely to cause, harassment, alarm or distress to one or more persons not in the same household as himself.
Prior to the Police Reform Act 2002, only local authorities and the Police could apply for an antisocial behaviour order. A RSL can apply for an ASBO under the Police Reform Act 2002, if the perpetrator is residing in or visiting properties of that RSL or resides in the locality of the RSL’s property.
A RSL will have to consult with local authorities and the Police before the application is made.
The Act also allows RSLs to apply for an order similar to an antisocial behaviour order in the county court when the RSL and the perpetrator are already party to county court proceedings. The most obvious example would be that a housing association could apply for an antisocial behaviour order in possession proceedings against one of its tenants.
For further information contact
Elisabeth Bradshaw
Tel: 0845 404 2475
e-mail: elisabeth.bradshaw@cobbetts.co.uk | 
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