Why are tenants rewarded for their antisocial behaviour by being allowed to stay rent-free in a property?
The local authority is fully involved in a situation where sanctions are to be taken against a landlord, and may have recourse to a range of options. Prior to any sanctions being considered, the local authority aims to work primarily by persuasion. Advice and assistance are provided to the landlord on how to manage antisocial behaviour. If a landlord is obstructive, the local authority is able to serve an Antisocial Behaviour Notice for non-compliance, which gives the landlord a further opportunity to take the necessary action. It is only following non-compliance with a Notice that sanctions, such as a rent penalty, may be taken. For tenants on Housing Benefit, the rent penalty is neutral and halts the flow of public funds into a bad situation. If the tenant is not on Housing Benefit, the local authority needs to consider whether the rent penalty is the best approach. The rent penalty is a provision for a one-off situation and it is not expected that it will be used frequently.
