§ Mr. PicklesTo ask the Secretary of State for the Environment what conclusions he has reached in the light of responses to his proposals on probationary tenancies, issued for consultation on 5 April. [36065]
§ Mr. CurryThe consultation exercise indicated a clear consensus that anti-social behaviour by a minority of council tenants and others is a serious problem, which needs to be tackled on a broad front. Local authorities already have a variety of means at their disposal to deal with such behaviour. The Government want to help authorities to deal more effectively with the problem and are working with the local authority associations to consider a number of measures to that end.
1074WThe consultation confirmed that the introduction of probationary tenancies would have a role to play as part of authorities' broader strategies for tackling anti-social behaviour in their areas. The Government therefore propose to legislate at the earliest available opportunity to give authorities powers to introduce probationary tenancies in their areas if they wish to do so. It will thus be for individual authorities to decide whether, in the particular circumstances of their areas, probationary tenancies—now to be called introductory tenancies at the suggestion of a number of respondents—should form part of their wider approach to the problem of anti-social behaviour. They will no doubt wish to consult their existing tenants before doing so.
A number of points were made by respondents about the practical operation of introductory tenancies, including the need to safeguard the position of vulnerable people whose behaviour is different but not necessarily anti-social. As the consultation paper made clear, the taking away of someone's home is very much a measure of last resort, which authorities will wish to use only where other measures have been tried and failed. The Government would expect authorities to act as scrupulously before issuing an introductory tenant with a notice to quit as they would before seeking to repossess the home of a secure tenant. Authorities operating a system of introductory tenancies will need to have in place fair and rigorous procedures which command the confidence of all tenants and ensure, for example, that no tenant's home could be put at risk through malicious or otherwise bogus complaints. Similarly, authorities will need to handle vulnerable tenants with particular care and sensitivity.
The Government propose to prepare guidance for local authorities, in collaboration with the local authority associations and other interested parties, on operating introductory tenancy arrangements. This will include the process whereby a tenant served with a notice to quit may ask the authority to review its decision.
The Government intend that the broad shape of the legislation should follow the proposals issued for consultation. There are, however, a number of subsidiary issues which are currently being considered in the light of comments made by respondents.
The Government believe that introductory tenancies can be a useful additional weapon for local authorities in their fight to defend tenants' rights to quiet enjoyment of their homes by enabling them to take rapid action to remove the small number of badly behaved new tenants. The responsible majority of new tenants have nothing to fear from introductory tenancies. They can expect to become secure tenants once they have served the introductory period.
Some 230 responses were received from organisations and individuals in England. About another 30 bodies responded to the separate consultation exercise held by my right hon. Friend the Secretary of State for Wales. A list of respondents has been placed in the Library. Copies of the responses themselves may be inspected at 2 Marsham street in London and Cathays park in Cardiff.
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