Dealing with Nuisance & Anti-Social Behaviour

The Council's Community Safety team has an Anti-Social Behaviour Officer who is the central point of contact for all reports of anti-social behaviour made to the Council. Tenancy Services work closely with the Community Safety Team in an attempt to prevent anti-social behaviour and to rehabilitate those who have been involved in causing anti-social behaviour amongst our tenants.

What is Anti-Social Behaviour?

Anti-social behaviour is behaviour by residents, members of their household or their visitors, which causes annoyance, nuisance or disturbance to anyone else in the area.

This can include excessive noise, verbal abuse, criminal damage to property, alcohol and solvent misuse, drugs, harassment, criminal behaviour, nuisance from vehicles, pets and animals and misuse of communal areas.

What should I do if I am experiencing anti-social behaviour in my area?

Contact your Area Housing Estates Officer on 01329 236100 and they will take the details from you and can then decide on the best course of action to take. Please be aware that if this is an on-going or sensitive case the Area Housing Estates Officer may not be able to discuss the full details of the case with you due to Data Protection restrictions.

What are the actions Tenancy Services can take?

Tenancy Services want to send a clear message to the community about its intention to deal seriously and appropriately with anti-social behaviour. Enforcement efforts will be directed against those whose activities cause serious breaches of legislation and their tenancy agreement or those who have a history of anti-social behaviour and nuisance.

It is not always possible for Tenancy Services to take any action - for example, if the issue is a totally criminal matter or if it is a low-level case and the dispute is due to a personality clash and the people involved have refused the offer of mediation.

Tenancy Services has the following support and rehabilitation actions available to them but they will not be appropriate in all cases and each case which is brought to the attention of the Tenancy Services team will be considered individually.

• Acceptable Behaviour Contracts
• Parental Control Agreements
• Mediation

 

Acceptable Behaviour Contract (ABCs)

Acceptable Behaviour Contracts are commonly used for youths but can be used with adults. In many cases of anti-social behaviour Tenancy Services believes that the power to persuade people to stop their offensive behaviour is more beneficial for all parties than taking legal action. ABC's are written agreements voluntarily entered into between the perpetrator, the Council and the Police. The Youth Service may also be involved in this process.

In the event that the behaviour does not change the evidence of a breach of an Acceptable Behaviour Contract will be presented to the Court if further action such as an ASBO (Anti-Social Behaviour Order), Injunction, Demoted Tenancy Order or Possession Action is taken. Tenancy Services and the Police will monitor the ABC for a period of six months and decide on the need for further action at the end of that time.

Parental Control Agreements

As with an Acceptable Behaviour Contract, a Parental Control Agreement is an informal contract between the Council and a parent whose child is causing anti-social behaviour.

The agreement sets out the way in which the Council expects the parent to control and monitor the behaviour of their child and will be used in Court for further action if the child is not controlled in an acceptable way.

Mediation

In cases of low level anti-social behaviour or neighbour nuisance Tenancy Services will attempt to mediate between tenants or other residents if it is appropriate to do so. Mediation is particularly suitable when:

• the relationships between people in dispute is important, for example neighbours
• both parties are willing to work towards a solution
• legal action is not appropriate

Mediation is not suitable when:

• the parties are unwilling to negotiate
• there is violence or fear of violence
• legal action is appropriate

Further action which could be taken

If the above actions have not produced an appropriate solution to the anti-social behaviour then there are some further actions which can be considered. However these can only be used in serious cases and will not be appropriate for all cases of anti-social behaviour.

• Anti-Social Behaviour Orders
• Injunctions
• Demoted Tenancy Orders
• Possession Orders

Anti-social Behaviour Orders (ASBOs)

ASBOs have serious implications for offenders but the aim is to simply require individuals to behave reasonably. Conditions can be imposed under the ASBO that require the person to stop behaving in an anti-social way. ASBOs can be applied for in the County Court by the local authority, the police and registered social landlords against the perpetrator causing anti-social behaviour within a specified area or locality.

ASBOs can be used against anybody over the age of ten and the breach of an ASBO is a criminal offence. When granted ASBOs have effect for a minimum period of two years and if the conditions are breached the offender could be jailed for between six months to five years and can also be fined.

Injunctions

Injunctions are a useful tool in prohibiting behaviour, protecting witnesses or property and can be used as a rehabilitive tool to allow the perpetrator to amend their behaviour. They can be particularly useful in cases of an emergency such as intimidation or harassment (where violence or the threat of violence has been used). If the behaviour does not change a breach of an injunction may assist in further proceedings such as an ASBO, Demoted Tenancy Order or Possession Order; or lead to an arrest and criminal charges. Taking immediate action with an injunction (where appropriate) sends a clear message to both the perpetrator and witness, as well as to the community, that anti-social behaviour will not be tolerated.

Tenancy Services may apply to the County Court for an injunction where there is a breach of the tenancy agreement. For example, when:

• there is use or threat of violence or a significant risk of harm (which can include emotional or psychological)
• the perpetrator has used or threatened to use the property for illegal or immoral purposes
• the perpetrator is engaging or threatening to engage in conduct that is capable of causing nuisance or annoyance to any person
• the perpetrator is allowing or encouraging any other person to engage or threaten to engage in conduct that is capable of causing nuisance or annoyance to any person.

Injunctions may be obtained quickly and without the perpetrator being present in Court and therefore serve as a useful tool in tackling anti-social behaviour and protecting witnesses.

Demoted Tenancy Orders

Tenancy Services can apply to the County Court for a Demotion Order in the event of anti-social behaviour being caused by the tenant, family or visitors. A Demoted Tenancy Order enables the Tenancy Services to work further with the perpetrator to modify their behaviour but removes certain benefits of a Secure Tenancy such as the right to buy their home and the right to exchange their tenancy.

A Demoted Tenancy lasts for a period of twelve months. If the behaviour improves, and Tenancy Services agrees, the tenancy reverts to a Secure Tenancy. However if the anti-social behaviour persists or becomes worse Tenancy Services may then move to court action to possess the property (therefore evicting the tenant). The tenant may appeal against the decision to move to possess the property through an internal review and must request this in writing within 14 days of receiving the Notice of Seeking Possession.

Possession Orders

Tenancy Services firmly believes that the most effective way to deal with anti-social behaviour is to persuade the perpetrator to change their behaviour and conduct and to provide the support required to do this using the tools outlined previously. However, in some cases Tenancy Services may take the view that the anti-social behaviour is sufficiently serious and damaging to the community (or that the behaviour has remained consistently anti-social irrespective of any action taken), that it is necessary to seek possession of the property and evict the tenant(s). The most serious breaches of the tenancy agreement will lead to Tenancy Services seeking possession of their property, for example using the property for illegal or immoral purposes or the perpetrator(s) being a serious risk to others (in cases of consistent intimidation and harassment of others).

When a tenant is evicted because of anti-social behaviour, they may then apply to the housing authority for re-housing. In such cases Tenancy Services will decide whether that person(s) and his/her family or household members have made themselves intentionally homeless and, in such circumstances, may decide that it does not have a responsibility to offer permanent re-housing.

For further information please contact the Tenancy Services Team on 01329 236100, or e-mail housing@fareham.gov.uk.