The Housing Ombudsman has this week published its latest ‘learning from severe maladministration’ report on ASB. The report provides insight for social landlords to reflect on the fundamentals of ASB – their role, how to manage expectations and where to work with others. The key takeaways are:

Hate crime and harassment

This can occur on grounds relating to gender, sexuality or race, and can involve different protected characteristics. It is important for landlords to examine and review their procedures to ensure the right support and approach is in place when such circumstances arise.

In one case, a landlord failed to support a tenant despite daily harassment from their neighbour. This included name-calling, drug use and intimidation towards the tenant and other members of their household. The landlord failed to consider the tenant’s vulnerabilities and how those vulnerabilities made the situation more difficult for them.

Effective diagnosis policies enable landlords to take early, firm and effective action against alleged hate crime and harassment. Poor policies and procedures can lead to landlords missing an opportunity to assist and may result in further service failures.

Multi-agency cooperation

In many cases, landlords will find themselves working with other agencies to resolve ASB, such as the police or social services. Without effective partnerships, landlords may not be taking full advantage of the range of tools at their disposal to tackle ASB.

In one case, a landlord failed to take a multi-agency approach to cooperate with other supporting services, which led to prolonged issues, including drug use and fires in communal areas of the property. These incidents were reported many times, and although the landlord correctly requested CCTV footage, it did not share this with the police. This extended the issue and limited the actions the landlord could take.

This demonstrates the importance of working in partnership with other authorities, allowing for safer interventions which reduce risks and minimise resident distress. Landlords should, however, not become too dependent on other services, and still need to fulfil their housing management function.

ASB and repairs

Incidents of ASB often result in property damage and therefore, landlords’ enforcement teams must work closely with their colleagues responsible for maintaining their stock.

In one case, a landlord took 14 months to replace a window which had been broken by a brick. Despite the Police immediately contacting the landlord regarding the incident, they didn’t contact the tenant for 47 working days, before then delaying the appointment to fix the window by a further four months after the tenant was reportedly not at the property when it was initially scheduled to be fixed.

Effective communication between the landlord’s relevant teams is therefore crucial in such cases, whereby significant delays can lead to complaints and cause further serious distress to victims.

Action plans

These are an important way for tenants to understand how landlords are planning to tackle the issue. Landlords must clearly communicate what, when and how they are going to respond to issues. An overstated action plan leads to mismanaging tenant expectations, resulting in further complaints for the landlord to deal with.

In one case, the landlord failed to put in place action for a year, despite ASB escalation in relation to an incident. When the landlord received concerns about the tenant’s family and safety, it failed to act. Throughout this case, the landlord failed to complete a risk assessment and did not communicate effectively with the resident.

This case highlights the importance of incorporating a consistent and effective action plan, allowing the landlord to respond quickly as situations develop, whilst reassuring tenants that the landlord will take action. It is important to note that action plans should not be used to ‘buy time’ – they must be used to take immediate steps to solve ASB-related incidents.

Risk assessments

A vital tool for landlords is assessing the risk in relation to ASB. Social landlords are under a duty to check for potential harm and vulnerabilities when they receive an ASB report. Completing a risk assessment should be one of the earliest actions a landlord should take, as it enables them to assign the case as a priority if needed.

In one case, the landlord failed to risk assess a resident despite mental health and ASB concerns. The resident stated that the ongoing ASB was giving them suicidal thoughts, and this information was not acted upon by the landlord. The landlord further failed to complete a risk assessment at stage 2 despite continuing resident reports, which was not in line with the landlord’s ASB policy.

It is crucial for landlords to verify their policies, making sure they include risk assessments and specify when to use them. Spotting any health issues, both physical and mental, could influence the approach the landlord takes. A failure to adapt to the resident’s situation may lead to further missed opportunities and service failures.

Communication and complaint handling

During any ASB case, proactive and empathetic communication is essential as it is a crucial way for the landlord to restore a trusting relationship with the resident. It is important for landlords to balance empathy with impartiality when working with multiple residents, ensuring that resident safety is the priority.

In one case, the landlord was unempathetic in its communications despite reports of violence, drug use and harassment towards the resident and their children. The landlord failed to communicate in a timely manner and showed no regard for the resident’s vulnerabilities, failing to offer the appropriate reassurance and support.

The case demonstrates the importance of effective communication, where the landlord must communicate with the resident in a timely, transparent and tailored manner whilst adapting the appropriate tone. It is crucial for landlords to regularly review their communication channels to ensure all staff are aware of their roles and responsibilities in keeping residents up to date regarding ASB, tenancy management and/or complaint responses.

Noise

Noise nuisance can seriously undermine community cohesion and resident well-being. Noise nuisance is often a symptom of other activities that are the root cause of ASB, such as illegal subletting, which the landlord may risk losing sight of if noise nuisance is mismanaged.

In one case, a landlord failed to deal with ASB relating to noise for nearly two years, which led to the resident feeling suicidal and having to leave their home. Throughout the two years, the resident reported multiple incidents that the landlord failed to act on despite being further notified of the incidents by the resident’s GP and employer.

It is crucial that landlords do not undermine the impact of noise nuisance and the effect it can have on residents. The landlord’s failure to act early in the above case meant that the relationship between all parties broke down. It is vital for landlords to act promptly and to resolve the issue of noise nuisance rather than managing the effects of it to prevent further ASB escalation.

Next steps

At Anthony Collins, we can support you in navigating these issues and can take enforcement action on your behalf when required. Please contact me for further information