ANTI SOCIAL BEHAVIOUR

In July 2007, A1 Housing updated their ASB policy and procedure, to download a copy click here.

A1 Housing tenants are responsible for their own behaviour and responsible for the behaviour of anyone who lives with them. This includes partners, children and anyone else who lives in the property. Tenants are also held responsible for the behaviour of anyone who visits the home, either while actually on the premises or in the neighbourhood of the property.

A number of tenants have lost their homes in recent years due to anti-social behaviour.

Examples include :

• Where a partner was found guilty of criminal activity on the premises
• Where a tenant failed to control their children who were causing nuisance and annoyance to neighbours

• Anti-Social Behaviour - 24 hour reporting
• Our Approach to Anti Social Behaviour
• The Duty of A1 Housing's tenants
• What is anti social behaviour

Diversionary Activity Strategy

Tackling anti-social behaviour is key to A1’s objectives. Whilst we will take enforcement action where appropriate, we also recognise that young people benefit from having other things to do.

This Strategy sets out the range of opportunities and ways in which A1 help and support young people. To download our Diversionary Activity Strategy please click here.

Our Approach to Anti Social Behaviour

A1 Housing will take firm action to eliminate anti social behaviour. Our intention is to deal firmly but fairly with anti social behaviour, to deter such behaviour and to encourage others to come forward as witnesses.

A1 Housing will aim to use all reasonable means to prevent ASB. We have developed proactive protocols and measures together with other partnership agencies to prevent and deter ASB within the community, and will maintain the exchange of information and operational co-working.

Our Commitment to customers :

• To investigate all complaints of anti social behaviour promptly.
• To attempt to resolve any disputes between neighbours.
• To consider legal action against any person who continues to behave in an anti social manner.
• To protect witnesses by all possible means.
• To work with the police and other agencies in stopping nuisance neighbours.
• To work with residents to make the neighbourhood a good place to live
• To resolve complaints within a maximum of 3 months
• To achieve a culture of respect and tolerance

Our standards of service when someone makes a complaint about anti social behaviour

• We will arrange to talk with the complainant as soon as we can, and within a maximum of 5 working days.
• We will discuss the situation and advise on what can and cannot be done.
• Complainants may be asked to keep a detailed diary of events.
• We will work with the people involved to try to resolve the problem, and explain clearly what is happening at each stage
• We will offer support for people suffering from anti social behaviour
• We will maintain confidentiality where requested

The duty on A1 Housing's tenants

A1 Housing’s tenancy agreement says that tenants, anyone living in their household or any visitors must not cause nuisance, annoyance, disturbance or harassment to people living, working or visiting in the locality of their home.

All tenants are provided with a copy of the tenancy agreement at the outset of their tenancies and the most important clauses relating to anti-social behaviour are explained to them. There are many other clauses in the tenancy agreement that tenants have to keep, for example, maintaining their gardens. If the tenant does not perform any of these clauses then A1 Housing will ensure that corrective action is investigated.

A1 Housing Bassetlaw recognises that people are entitled to live their lives the way they want to, but at the same time, the rights of others need to be respected. Where people live close to each other there is a propensity for conflict and for anti-social behaviour (ASB) to prevent tenants rights to the quiet enjoyment of their accommodation. To preserve these rights A1 Housing will investigate all reports of ASB and take the appropriate action to protect the safety and security of the community.

If any tenant breaches their tenancy conditions, they will be given a warning under a 'Traffic Light System', for further details of this please click here

What is anti social behaviour?

ASB may mean different things to people; in general ASB can be defined as:

• Behaviour that causes or is likely to cause harassment, alarm or distress

The law defines anti-social behaviour in the Crime and Disorder Act 1998, as ‘behaviour, whichcauses or is likely to cause harassment, alarm or distress to one or more people who are not in the same household as the perpetrator.’

The law also defines ASB specifically for landlords in the Housing Act 1996 as conduct which:

• Is capable of causing nuisance or annoyance to any person and directly or indirectly affects the housing management functions of a relevant landlord or consists of using, or threatening to use, housing accommodation owned or managed by a relevant landlord, for an unlawful purpose

Examples of anti social behaviour might include :

• Noise nuisance
• Intimidation or harassment
• Agressive or threatening language or behaviour
• Racist and homophobic abuse
• Litter, rubbish and fly tipping
• Graffiti, vandalism and criminal damage.
• Uncontrolled pets and animals.
• Use of property for criminal, immoral or other illegal purposes

This list is not exhaustive and A1 Housing accepts that other conduct may fall within the definition of ASB.

You can download a copy of our full policy and procedure here

Preventing Anti Social Behaviour

A1 Housing aims to prevent anti-social behaviour. To achieve this we use the following tools:

• Introductory tenancy scheme - where all new tenants are on probation for the first year and have fewer rights that secure tenants
• Mediation - neighbour disputes are referred to an independent mediation service for resoulution
• Multi agency working - making use of joint protocols with the Police and other agencies for working together
• Tenancy support - offer floating support to vulnerable tenats to assist them in living independently and complying with their conditions of tenancy
• Suspension and exclusion - we will refuse to re-house an applicant where it has been proven that they have caused serious anti social behaviour
• Enforcement of conditions of tenancy - where there is a breach of a condition of the tenancy then enforcement action will be taken
• Demotion of tenancy - where a secure tenant can be demoted to being on probation for a year if they cause a nuisance.
• Possession action/eviction - if a tenant does not comply with the tenancy agreement after warnings have been given then action to re-possess the property will be taken
• Acceptable behaviour contracts – where the person causing the nuisance agrees by written contract to stop their unacceptable behaviour
• Injunctions – where someone is required to stop doing something by law, where there is a threat of violence the court granting an injunction can include a power of arrest without warrant
• Anti-social behaviour orders (ASBO) - where a person 10 years or over who has caused ASB then an ASBO can prevent that person from particular conduct and/or exclude them from an area
• Undertakings – when a tenant is being taken to court to re-possess the property, the court may order them to give an undertaking or promise to the court not to cause the nuisance in the future
• Noise monitoring equipment – where the nuisance is being caused by noise then this will be recorded and used as evidence to prove the noise level
• Professional witnesses – we will use professional witnesses to obtain evidence of ASB in appropriate cases
• Social Landlords Crime and Nuisance Group – we are a member of this group which enables us to have access to up to date best practice information and training for staff

Helping Yourself

In some cases a problem can be resolved if you talk to your neighbour. Explain what the problem is and how it is upsetting you. Remember to stay calm and try to see the others point of view. If your neighbour is unreasonable, do not get involved in an argument - leave and report the matter to the Housing Department. Alternatively, you may wish to seek advice from your own Solicitor or the Citizens Advice Bureau.

Informing us of a problem

You can contact us by phone on 01909 533246 or 01777 713202 or use the form at the end of this section to tell us about anti-social behaviour. If the problem is simple, it may be resolved quickly by your Housing Management Officer talking to your neighbour. In most cases, we will investigate your complaint and decide which is the most appropriate course of action to take. In serious cases, particularly where criminal activity may be involved, you should also inform the Police.

Dealing with anti Social Behaviour

The Initial Investigation

After you have made a complaint, your Housing Management Officer will normally arrange to see you to discuss the matter. This may be at our Offices or in your home. They will ask you to explain in detail what problems you are experiencing, when they are occurring, where they are occurring and how it is upsetting you.

The Housing Management Officer will agree a plan of action with you, this may involve

• Interviewing your neighbour and warning them about the anti social behaviour
• Writing to your neighbour warning them about the anti social behaviour
• asking for help from other agencies
• speaking to other neighbours who are experiencing the anti social behaviour
• You completing a log of the anti social behaviour. This is the most important evidence we will rely on if we take action against your neighbour for nuisance.

We are unable to take action without your help. Where legal action is taken we need evidence to persuade the Court that an Order should be made to stop the anti-social behaviour.

It is important that you and the other victims of that behaviour keep accurate records of the incidents of anti-social behaviour to prove to the Court that action must be taken.

To help you keep a record, we have incident logs sheets for you to complete, which can be downloaded here

If you need any help please contact your Housing Management Officer.

If you want to report a complaint about any type of nuisance or anti social behaviour please fill in the details in the boxes below