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It makes it possible for RSLs to apply for injunctions and demoted tenancies, and extends RSLs' powers in relation to antisocial behaviour orders. It also puts a duty on them to prepare a policy on antisocial behaviour and procedures for when it occurs.

These are big changes, so let's take a look at them in more detail.

Injunctions
The 2003 Antisocial Behaviour Act amends section 153A-E of the 1996 Housing Act to enable RSLs to apply for injunctions with regard to antisocial behaviour.

The court will grant an injunction if a person is engaging in – or threatening to engage in – conduct that is a nuisance or annoyance and that affects the landlord's housing function with the possibility of causing a nuisance to either:

• someone residing in the landlord's property by virtue of a tenancy, licence or long lease, or their family
  
• those residing in other accommodation in the neighbourhood – owner-occupiers and tenants of other landlords, for example
  
• those taking part in a lawful activity in the locality, which includes visiting premises in the locality, using local facilities, passing through or working in the neighbourhood
  
• persons employed in connection with the landlord's housing management functions, for example, staff involved in the management of the landlord's stock.

The county court can also grant an injunction under section 153B where a tenant or visitor is using the accommodation or threatens to use the accommodation for an unlawful purpose.

Under section 153C, if there is violence, threatened use of violence or a risk of significant harm, the court can attach a power of arrest to any of the clauses of the injunction and exclude the perpetrator from specified premises and/or a specified area.

Section 153A empowers housing associations to injunct anyone – not just tenants – who is causing a nuisance that affects their management function.

That nuisance has to be troubling someone residing in the locality, or in the landlord's properties, someone engaged in a lawful activity or a member of staff of the landlord involved with the landlord's operations.

The recent case of London Borough of Enfield v B held that those "engaged in a lawful activity" had to have a connection with the property, and this would still appear to be binding despite the Antisocial Behaviour Act.

If there is violence or threatened violence, the court can attach a power of arrest to the injunction and exclude the perpetrator from specified premises

However, it is anticipated that most victims will be covered by being a resident in the locality or being a member of staff working in the locality.

Antisocial behaviour orders
Since 31 March, RSLs have been able to bring an action against the guardian or parent of a minor accused of disruptive behaviour to apply for an antisocial behaviour order against them.

From 1 October, RSLs will be able to take action against a minor or juvenile to pursue the ASBO against them.

Demoted tenancies
RSLs will be able to apply to the court for a demoted tenancy after 30 June.

A demoted assured tenancy will become an assured shorthold tenancy with the usual termination and possession requirements.

The court must be satisfied that the person living in or visiting the premises is engaged in, or threatens to engage in, conduct to which section 153A/B applies – that is, conduct that causes a nuisance and annoyance and affects the housing management of the area and/or uses the premises for an unlawful purpose.

The court must also be satisfied that it is reasonable to make an order.

Demoted tenancies will last for a year unless proceedings are issued within that year. In that case the demoted tenancy will continue until the proceedings are either withdrawn or settled, or until the landlord takes no action for a period of six months to pursue the possession proceedings.

Policy and procedure
Finally, section 218A of the Antisocial Behaviour Act provides that RSLs must prepare a policy for unacceptable behaviour and procedures for dealing with it.