Anti-social behaviour is a problem that can seriously affect your quality of life.
What is anti-social behaviour?
Anti-Social Behaviour is defined by Section 2(1) of the Anti-Social Behaviour Crime & Policing Act 2014 as:
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person.
For possession proceedings, the grounds for possession define ASB as: Where the tenant or a person residing or visiting the property (a) “has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or (b) has been convicted of – using the dwelling house or allowing it to be used for immoral or illegal purposes, or an indictable offence committed in, or in the locality of, the dwelling-house”.
Examples of anti-social behaviour include
How we can help
Mediation is an impartial service provided by trained mediators who will help you to resolve conflicts with neighbours. If you agree to this service, we will refer you to a local mediation service provider, or you could contact them yourself.
If we have enough evidence, we will warn tenants that their actions are breaking the tenancy conditions. This stage gives the person causing the nuisance a chance to change their behaviour. If the problems continue and the complaint moves on to court action, the fact that we have served a warning shows that we have taken reasonable steps to attempt to resolve the problem.
These are usually used to stop anti-social behaviour from children and young people but can be used with adults. An ABC is not an admission of guilt. It is a contract that sets out the behaviour that is unacceptable. It is often used together with other types of support to help the person change their behaviour. An ABC usually lasts for six months.
These are orders made by the court. They make someone do something or stop doing something. We can ask for an injunction to make a council tenant keep to their tenancy conditions. We can also sometimes ask for injunction against someone who is not a council tenant. They can only be used against someone who is aged over 18.
They are used for general breaches of tenancy where we would not want to evict. For example, if a tenant has an overgrown garden and refuses to tidy it we would ask for an injunction to force the tenant to maintain their garden and keep to their tenancy terms
Injunctions are also used where there is an urgent need to protect someone from violence or threats of violence. We would ask for the person to be arrested if they break the injunction order.
Breaking the terms of an injunction can result in a prison sentence.
These are the legal notices that start possession proceedings which could end in eviction.
As a last resort we may need to ask the court to evict someone from their home. To do this we have to prove they have broken their tenancy conditions and that it is reasonable to evict them. In some cases the courts may grant a postponed or suspended possession order. This means that a person can stay in their home as long as they comply with certain conditions, such as not causing any more anti-social behaviour.
New tenants are given a starter tenancy which lasts for 12 months. Possession proceedings are much simpler and quicker for a starter tenant than for a secure tenant – this means that if problems arise we can deal with them quickly. Although a starter tenant has the right to appeal a possession order, they do not have the opportunity to provide a defence at court.
If a starter tenant (or a member of their family or visitors) has caused anti-social behaviour, we may chose to extend the starter tenancy period by six months to allow the tenant to change their behaviour.