A1 Housing takes an active stance against the small number of anti-social tenants who create nuisance for their neighbours.
As a tenant you are responsible for your own behaviour. You are also responsible for the behaviour of anyone who lives with you. This includes partners, your children and anyone else who lives in the property you rent. You can also be held responsible for the behaviour of anyone who visits your home, either while actually on the premises or in the neighbourhood of the property.
If you hold an Introductory Tenancy and we find it necessary to take Court Action against you due to your own behaviour, a member of your household’s, or even a visitor to the premises, then the County Court Judge has to grant possession of the property to A1 if asked, provided certain procedures have been followed.
A number of secure tenants have also lost their homes in recent years due to anti-social behaviour.
Examples include
Tackling anti-social behaviour
If your neighbours are causing problems for you, you are not alone. Neighbour nuisance is on the increase everywhere. Anti-social behaviour takes different forms; it covers issues such as playing loud music, barking dogs, overgrown gardens, verbal abuse and threats of violence. Whatever problems you may be experiencing, the Council will take your complaint seriously and do what we can to help.
The following steps may be taken to tackle anti-social behaviour:-
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 tell us about anti-social behaviour by contacting us. 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.
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
What A1 Housing Can Do to Help
There are several courses of action to tackle anti-social behaviour.
Mediation
We can set up a meeting at a neutral location and help you to discuss the problem with your neighbour to settle the dispute.
Injunction
An injunction is a Court Order, which can prevent someone approaching you or coming near your home. Injunctions can also make people do something ie clear up their garden, or stop doing something ie carrying out a business from the premises. An injunction can be obtained quickly and if breached, the recipient will be in contempt of Court. They could then be imprisoned or fined.
Possession
Where an A1 tenant is in breach of Tenancy Conditions we can serve a Notice on the tenant, which is the first step towards repossessing the property.
If the tenant persists in behaving in an anti-social manner, the procedures that are followed will depend if that tenant has a Secure Tenancy or an Introductory Tenancy.
In all cases we need to provide adequate evidence to demonstrate it is reasonable that the property is repossessed. You may need to come to either a review hearing or a court hearing to give evidence to support your complaint.
Refer the Matter to Other Agencies
In some cases, we do not have the power to take action against the person responsible for the anti-social behaviour. Therefore, they may refer your complaint to another Agency or body which does have the appropriate powers to help, for example an owner/occupier playing loud music may be referred to the Environmental Health Department or an owner/occupier running a business from their home may be referred to the Planning Department.
We are unable to take action without your help. Where legal action is taken the 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 diary sheets for you to complete, which are available from the Housing Department.
If you need any help please contact your Housing Management Officer.