bto has recently obtained two unusual ASBOs for clients
The first was granted against a lady who fed seagulls in the locality of her tenancy, deliberately causing a nuisance to the neighbours. In addition to feeding seagulls, numerous complaints were made to the Association and the Police about the lady’s behaviour, which included incessant banging on walls, slamming doors and verbal abuse. The ASBO prevents the Defender feeding birds within 500 metres of her tenanted property.
In the second case, an ASBO was sought against the partner of the RSL’s tenant who frequently threatened and abused the neighbours on visits to the property. The tenant continued to invite the partner to the property despite the RSL’s requests not to do so. An ASBO was obtained against the partner preventing him acting in an antisocial manner and banning him from going within fifty metres of the tenant’s property.
According to nationwide statistics, ASBOs are sometimes regarded as ineffective in preventing or curtailing antisocial behaviour. This led to the Home Secretary suggesting abolishing ASBOs in England and Wales. It remains to be seen whether the Scottish Government will follow suit. However, in the context of social housing it is not simply the ASBO which may influence a person’s future conduct but also the serious implications for the tenancy. If an ASBO is granted against a tenant, a person residing or lodging with the tenant, or a subtenant, then the tenancy can be converted to a Short Scottish Secure Tenancy and the security of tenure is significantly diminished. In our experience and that of our clients, the combined remedies of an ASBO and conversion are proving to be effective in preventing antisocial behaviour.
As a final note, the Scottish Legal Aid Board has announced a 24% increase in the applications submitted to them, coinciding with cuts in public spending. Consequently, the Board will have to pay closer attention to the merits of a case. It is our experience that a landlord has a greater chance of successfully opposing a Legal Aid application to defend an ASBO than opposing a Legal Aid application to defend an eviction action. The reason being that an ASBO will do nothing more than require a person to behave in a manner to be expected of an ordinary citizen, whereas an eviction action has far more serious immediate consequences. A refusal of Legal Aid increases the prospects of obtaining an ASBO quicker and at reduced costs.
Contact:
David Young
(Article created in November 2010 and may not have been updated at the time of reading).