23.02.07 - Magna success over anti social tenants

Magna Housing Association has pulled off another victory in their fight to clamp down on anti social behaviour. Working together with many organisations in the form of the Crime and Disorder Partnership, Magna won its first ever ‘demoted tenancy’ in court yesterday.

As far back as 2005, the local press reported on the O’Leary family of Dorchester, who were alleged to be responsible for a catalogue of harassment, abuse and noise nuisance. Nearby neighbours spoke out at the time of their concerns.

Magna obtained the ‘demoted tenancy’ from the court with the consent of Mrs O’Leary. ‘Demoted tenancies’ have the same effect on a tenant’s rights as that of ‘starter tenancies’, which Magna brought into use during 2006. A demoted tenancy reduces the security of a tenancy to that of an ‘assured shorthold tenancy’. It lasts for a year before returning to a more secure ‘assured tenancy’. However, if in that time the tenant breaches any further terms of their tenancy agreement the landlord can serve the tenant with two months’ notice to leave the property.

Area housing manager for Magna, Ruth Ashdown, says, “This is a real result for us and our residents. Problems caused by the O’Leary family were raised with us some time ago but it has been difficult to obtain evidence from neighbours because of their fears of reprisals and ‘unaccountable’ acts of vandalism that could not be proven.”

Ruth adds, “Over time with help from the residents, the local police and West Dorset District Council, we were able to gather evidence to convince the court that a demoted tenancy should be awarded.

Although we have been using starter tenancies since September of last year, this demoted tenancy is a first for us.”

Staff from Magna worked closely with residents at a number of sessions where they were able to receive support and discuss their fears and concerns. Allegations against the O’Leary family included shouting, swearing, verbal abuse, racial harassment, noise nuisance, criminal damage and threatening behaviour.

This recent result has proved to be another success for the landlord, which often speaks of its intolerance of anti social behaviour. Head of housing services, Elaine Crooke, comments, “It is important that our residents realise that at Magna we will not tolerate any form of anti social behaviour. All of our residents have the right to live peacefully in their own homes and we will continue to work with agencies such as the local police and council to achieve this.

A demoted tenancy is just one of a number of tools that we have available to us in a range which includes starter tenancies, anti social behaviour orders (ASBOs) and acceptable behaviour contracts (ABCs). However, a demoted tenancy should not be seen as a soft option. Receiving a demoted tenancy means that because of their own actions, a tenant has sacrificed their security and could therefore be evicted more easily.”

Magna’s drive to stamp out anti social behaviour has been consistent, with a number of actions being taken against problem residents during the last six months including three ABCs, three injunctions obtained, using mediation in three cases and carrying out three evictions.

 

NOTES :
New residents to Magna live in their homes as assured shorthold tenants under a ‘starter tenancy’ for the first 12 months. If after that period the residents have a clean slate and Magna is happy they have conducted their tenancy according to its terms, then they are automatically transferred to a more secure assured tenancy.

 

 

 

Last updated 06.03.07