Dealing with Anti-Social Behaviour
This information gives guidance to tenants who are considering
making a complaint about something they think is Anti-Social
Behaviour. It details different types of Anti-Social
Behaviour, how to report Anti-Social Behaviour, the action the
Council might be able to take against the perpetrators of the
Anti-Social Behaviour, and the evidence needed by the
Council.
What is Anti-Social Behaviour?
We consider the following behaviour to be a
nuisance:
- The excessive use of foul language, violent, threatening or
abusive behaviour;
- Continued inconsiderate parking in communal areas, on grassed
areas and in areas not specifically designated for vehicle
parking;
- Continued repairing of motor vehicles in areas other than
within the boundaries of the tenants own property;
- Cats, dogs or other animals not kept under proper control
(including excessive barking) or fouling communal areas;
- Obstruction of communal areas;
- Excessive domestic noise, such as DIY or loud music,
television, radios etc, at volumes or times like to cause
disturbance to neighbours;
- Children playing in inappropriate places or, at inappropriate
times.
It should be noted that the above list does
not cover every situation the Council may consider to be nuisance,
as each nuisance case can have unique problems of its own.
Who Can Cause Anti-Social Behaviour?
Tenants are responsible for the behaviour of
all members of their household, including children, and for the
behaviour of visitors to the property. Tenants should be
aware that if they, their family or visitors cause any sort of
nuisance, they may be breaking the Council’s conditions of tenancy,
and could ultimately be risking eviction.
What Should You Do?
If you think your neighbour is a cause of
Anti-Social Behaviour, firstly, you should approach them and
politely explain what is of concern to you. Your neighbour
might not realise that they are causing distress and you may be
able to reach a compromise by taking this simple action.
However, it would be wise to consider what reaction you are likely
to get from this approach. If your neighbour were to act
aggressively, the situation could worsen considerably.
If you have approached your neighbour and the situation does not
improve, or you feel that you cannot approach him or her, you
should contact your Area Manager.
What the Area Manager Will Do Next
There are a number of options open to the Area
Manager. With your permission, they might write to, or visit,
the neighbour concerned. They might then suggest
mediation. This is where all parties get together at the
Council’s offices, along with the Area Manager, to discuss the
problem from both points of view. Independent mediation with
an outside organisation might be arranged, this frequently resolves
the problem.
If The Problem Continues
Your Area Manager will issue you with diary
sheets which should be completed as the incidents of Anti-Social
Behaviour occur. You should detail the date, time and nature
of the nuisance and sign and return the sheets to your Area Manager
on a regular basis.
Once Evidence Has Been Provided
The Area Manager, a Senior Officer and a
representative from the Council’s legal department will study and
if, in their opinion, there is sufficient evidence to prove to the
County Court that there is Anti-Social Behaviour, they will proceed
to the next stage.
Options Open to the Council
- A Notice of Seeking Possession may be served on the grounds of
breach of tenancy conditions. This often resolves the
problem.
- If the problem persists, we may seek an injunction requiring
the tenant to desist from behaving in an anti-social way.
- The Council may seek possession of the tenant’s property, which
could result in an eviction.
If the Council does proceed to the County
Court either for an injunction or possession of the property, the
complainants may be required to give evidence in Court.
When the Council will NOT take action
- If no one is willing to keep diary sheets and/or to attend
Court, if required.
- When the dispute is between two neighbours and there is
insufficient evidence to support either party’s allegations
- If the complaints are considered to be unreasonable, taking
into account the nature of the alleged nuisance and the mix of
property and family types in the area.
Harassment
The Council wants all tenants to enjoy their
homes in peace and comfort and free from harassment or
intimidation. This includes harassment or intimidation on the
grounds of race, gender, sexual orientation, religious belief, age
or disability.
The Council will not tolerate a tenant or member of his or her
household committing acts of harassment, and will take use every
possible remedy, which may include eviction of those
responsible.
Complaints about harassment should be made to your Area Manager and
should also be reported instantly to the Police. The Area
Manager will work closely with the Police and any other agencies
involved to resolve the situation
Points to Remember:
- Noise will be transmitted through the wall in semi-detached and
terraced houses, and even purpose built flats are seldom completely
sound-proof. All tenants should be aware that even sound from
a radio or television after 11 o’clock at night can cause
disturbance to their immediate neighbours, let alone DIY
activities.
- Children will play outside for longer in the summer, and when
all the windows are open, the noise will seem louder.
- Loud music played indoors when the windows are open will cause
a nuisance.
For further
details see the Harrassment Quick Start Guide
(PDF)
This webpage was updated on
5/5/2011