Read the Independent Working Group on Antisocial Behaviour review report →
Despite the breadth of the review, the limited focus on the performance of the First-tier Tribunal for Scotland (Housing and Property Chamber), which deals with possession cases linked to ASB, is disappointing. In our evidence, Propertymark presented feedback from members to the Group demonstrating that decisions on ASB cases are too slow, allowing perpetrators to continue causing misery for landlords and fellow tenants. Therefore, it is encouraging that the report draws attention to the need for priority timescales for backlogged criminal cases with linked Housing or Antisocial Behaviour team cases to be heard in court.
Propertymark members help steer review of anti-social behaviour legislation
Our Policy and Campaigns team was invited to feed into an independent working group on anti-social behaviour (ASB) commissioned by the Scottish Minister for Victims and Community Safety. Insight from members highlighted key areas where the Scottish Government can improve its approach to preventing and tackling ASB in the private rented sector (PRS), and what support is needed by agents.
We are pleased that the recommendations include a review of the tools and procedures of local authority ASB teams, which letting agents report have become increasingly difficult to access following the COVID-19 pandemic and reductions in local government resources.
Other positive suggestions include improved data collection, to facilitate better multi-agency approaches between local authorities, Police Scotland, and other stakeholders to reduce anti-social behaviour. It is vital that co-operation is expanded to include property agents and their landlords.
Agents are not alone in the fight against ASB
A Propertymark webinar on 21 June 2024 gave practical advice on how agents can effectively handle anti-social behaviour (ASB) by or affecting a tenant, where to access support, and how to prepare for an eviction hearing.
Continuing engagement
Propertymark has written to Angela Constance MSP, Cabinet Secretary for Justice and Home Affairs, highlighting the need for further engagement with property professionals and a closer examination of the causes and impacts of ASB in the Scottish housing sector.
We are pleased to support the Scottish Government by inputting to the Independent Group’s review. However, given the stress on the private rented sector from the shortage of social housing in Scotland and the added pressures from rent control measures, there is a clear need for the Scottish Government to go further.
While we welcome the recommendation to prioritise the most serious cases of anti-social behaviour in the private rented sector and the possibility of special hearings in civil courts, the performance of the First-Tier Tribunal must improve to give landlords and their property agents the confidence and tools to seek possession in serious anti-social behaviour cases.
