anti-social
behaviour
At Three Rivers, we take anti-social behaviour very seriously and we
have a robust policy for dealing with nuisance, anti-social behaviour
and offensive incidents.
In accordance with the Anti-Social Behaviour Act 2003, this is a
summary of Three Rivers’ policy on dealing with nuisance, anti-social
behaviour and offensive incidents.
What is Anti-Social Behaviour?
Nuisance and anti-social behaviour covers a wide range of behaviour,
ranging from minor irritation and annoyance, to actions which cause
significant alarm or distress to the wider community. Three Rivers has
adopted the following definition of anti-social behaviour, as used by the
Chartered Institute of Housing:
‘Behaviour that unreasonably interferes with other peoples’
rights to the use and enjoyment of their home and community.’
The Chartered Institute of Housing also defines an offensive incident
as:
‘Any incident which is perceived by the victim or any other
person to be the result of hate or prejudice, on the basis of an
individual or group’s religion, disability, age, gender, sexual
orientation, civil/marital status and/or race.’
Three Rivers wishes to protect its residents and its property from
damage. We will therefore respond to incidents of nuisance caused by
tenants and others promptly and aim to ensure an efficient and
consistent approach in dealing with all such incidents.
Three Rivers Housing Association
Anti-Social Behaviour
When is Noise an Anti-Social
Behaviour Problem?
Nuisance caused by noise is often the biggest cause of disputes
between neighbours. Excessive noise by loud music, revving engines,
DIY work, etc. disturbs everyone. This problem is greater in a block of
flats. You should be considerate to your neighbours at all times and
keep noise to a minimum.
Noise between properties, particularly flats, can be reduced by:
• Placing TV, radios and stereos away from shared walls.
• Always keeping the volume down to reasonable levels particularly
late at night and early in the morning.
• Carrying out household activities such as using the vacuum cleaner
and washing machines at reasonable times of the day.
• Carpeting floors and stairs.
What is Harassment?
We will not tolerate any form of harassment and we regard the
following as examples of harassment:
• Using or threatening to use violence.
• Using abusive or insulting words or behaviour.
• Stalking someone.
• Damaging or threatening to damage another person’s home or
possessions.
You should not cause or allow visitors and those who live with you to
commit any form of harassment. If you are aware of anyone else in the
neighbourhood in which your property is located committing any form
of harassment, you should take appropriate action and inform Three
Rivers of the situation.
If we have evidence of residents who are responsible for this kind of
behaviour, we can take court action and they may lose their home.
We will do all we can to assist victims of any form of harassment, but
no action will be taken without the victims agreement.
What is Hate Crime?
Hate crime is any incident that is believed to be the result of hate or
prejudice on the basis of religion, disability, age, gender, sexual
orientation or race. Three Rivers has a separate ‘Hate Crime’ policy
and procedure to deal with these cases. Please see our seperate ‘Hate
Crime’ leaflet.
Any information we receive about hate crime can be shared between a
number of agencies not only to help you, but also to determine the true
extent of offensive incidents so we can tackle the problem.
What is Domestic Abuse?
Domestic abuse can take many forms and can be physical, sexual,
psychological and even financial. It takes places within intimate or
family type relationships and forms a pattern of controlling behavior.
Three Rivers will seek to take enforcement action to protect people
from domestic abuse wherever possible. Please see our seperate
‘Domestic Abuse’ leaflet for more information.
Three Rivers Housing Association
Anti-Social Behaviour
What is Three Rivers’ approach in dealing
with Anti-Social Behaviour?
Three Rivers’ tenancy agreement places a clear responsibility on our
tenants for their behaviour and the behaviour of every person living inor
visiting their home. This includes behaviour in the tenant’s home and
within the locality of their home.
We will also take appropriate action against those tenants who
cause wilful damage to their property or who fail to look after their
gardens properly. Three Rivers Housing will take the most appropriate
action depending on the nature of the case.
We recognise that prevention, early intervention and support, including
mediation, where appropriate, can prevent escalation and resolve the
problem. However, if necessary, appropriate and timely enforcement
action will also be taken, in accordance with our powers as social
landlords.
What will Three Rivers do if it receives to
a report of Anti-Social Behaviour?
We will:
• Respond to a complaint of ASB within 5 working days (one day for
very serious incidents such as violence).
• Actively support the victims of nuisance, harassment, crime or antisocial behaviour.
• Take positive action against the person or persons causing the
problem.
• Involve other agencies such as the Police or Social Services where
necessary.
• Work with the community and encourage residents to confidently
participate in initiatives to minimise these problems.
• Take firm action against any person abusing or handling illegal drugs
or substances.
• Obtain court junctions where possible.
• Take legal action leading to eviction if necessary.
If you are experiencing neighbour nuisance, harassment or anti-social
behaviour, or if you are aware it is happening to someone in your area,
please contact our Customer Services Team on 0191 384 1122.
In serious cases, you should contact the Police on 999 so they can
take action.
What are my Tenancy Agreement
Responsibilities?
There are certain conditions within your tenancy agreement which you
need to follow. This section looks at some of the estate and neighbour
issues that may arise and outlines your responsibilities as a tenant in
relation to your home, estate and neighbourhood. Difficulties can range
from minor neighbour disputes to wider issues of crime, drug abuse,
vandalism and general anti-social behaviour often leading to serious
nuisance, harassment and discontent within a scheme or an area.
Three Rivers Housing Association
Anti-Social Behaviour
Do you work in Partnership?
Three Rivers works in partnership with all relevant agencies including
the police, local authority, probation service and other agencies, to
combat nuisance and anti-social behaviour, sharing information to
tackle the problem.
We will also be fully represented on the local Safer Community
Partnership and associated groups working together on the prevention
and detection of crime and anti-social behaviour.
How do you make people aware that
Anti-Social Behaviour is not acceptable?
Our tenancy agreement makes it clear that our tenants are responsible
for their behaviour and the behaviour of everyone living in or visiting
their home, as well as their actions within their local community.
What role can I play?
Be a good neighbour. Three Rivers wants to help create great
neighbourhoods where people want to live. You can help us achieve
this by being considerate to others living around you. Here are some
tips:
• Do not cause a nuisance to your neighbours or let anyone living with
you or visiting you do so. Neighbours should not have to put up
with loud music, swearing, fights, music from car radios and other
disturbances.
• Do not leave rubbish out on the wrong day, in hallways, or where it
could cause a problem for others.
• Control your pets. Do not leave dogs alone to bark during the day,
or leave your pets where they can cause a nuisance.
Please remember, you are responsible for your own behaviour and
those living with you, or even visiting your home. This includes children
and adults.
Do you offer a Mediation Service?
In most cases we will expect you to work together to sort out the
problem. Usually your complaint will be passed to a mediation
organisation, which will work with both you and your neighbour to work
out a way forward. It is best to try to come to some agreement as to
how you can get along in the future.
What action can you take?
We recognise that early intervention and support including mediation
can prevent the problem escalating and can even solve it but, if
necessary, appropriate enforcement action can also be taken, in
accordance with our powers as social landlords.
This includes acceptable behaviour contracts, applying for Anti-Social
Behaviour Orders (ASBO), injunctions, demoted tenancies and in the
worst cases, even eviction.
We will only take tenancy enforcement action if there is clear,
independent evidence of a breach of tenancy and the action is
appropriate.
Three Rivers Housing Association
Anti-Social Behaviour
What will happen next?
If you report a nuisance or anti-social behaviour issue to us, we will
carry out an investigation and let you know what action, if any, we can
take.
It is very important that you help us gather evidence as this helps us
paint a picture of how bad the problem is and what action to take. This
means we may ask you to complete logs called diary sheets.
The more people that take a stand against nuisance and anti-social
behaviour, the better chance we have of taking action. We may decide
to contact other residents in the area and ask the community to take a
stand and let us know what is happening.
We will also share information with the police, the council and other
agencies to tackle the problem. Rest assured we will discuss your
complaint with you and keep you updated and we will carry out a
satisfaction survey with you when the case is closed.
What else should I do?
It is important that you keep a diary of any incidents that cause you
distress. Incident diary booklets are available from Three Rivers. Please
note it is vital those are filled in and returned to us.
Can I remain Anonymous?
Yes, evidence is given in strict confidence. If this evidence is used as
part of a Court hearing, a member of staff can submit your evidence
without the need for you to attend Court. This can be given
anonymously and is known as 'hearsay' evidence.
What legal powers can you use?
In cases where Three Rivers is satisfied that a tenant(s) is committing a
nuisance or act of anti-social behaviour, we will ask them to modify
their behaviour and to keep to the terms of their tenancy agreement. If
this fails we can serve a Notice Seeking Possession. This is a legal
document giving the tenant(s) four weeks notice of the intention of
Three Rivers to take the matter to Court. In serious cases, Three Rivers
will apply to the Court for an eviction order to have the property
repossessed.
Injunctions
In some cases, we can ask the Court for an injunction to prevent
someone from causing a nuisance by:
• Stopping a person committing certain specific acts of nuisance.
• Preventing a person from having contact with victims, or even
entering areas or estates.
A Power of Arrest can be added to an injunction in serious cases
where a threat of violence has been made. If the injunction is broken
the person can be arrested.
Three Rivers Housing Association
Anti-Social Behaviour
Is court action always necessary?
No. Court action will only be taken in the most exceptional
circumstances and in the most severe of cases.
Anti-Social Behaviour Orders (ASBOs)
In partnership and consultation with the police and council we can
apply for an Anti-Social Behaviour Order against one or more people
who are causing ‘harassment, alarm or distress.’
Anti-Social Behaviour Orders are to protect the community, not just an
individual, against someone causing trouble in the neighbourhood. The
order will make clear what the person subject to the order can or can’t
do in future. If the terms of the Order are broken, it becomes a criminal
offence and the person can be sent to prison.
Can a tenant be evicted for causing
Anti-Social Behaviour?
We will endeavour to evict someone if the situation is serious and the
person has ignored our instructions to amend their behaviour. Eviction
is the last resort and it can be a lengthy process via the County Court.
Other options available
Other options available to Three Rivers, the Police and Councils include
Acceptable Behaviour Contracts, Child Safety Orders, Demoted
Tenancies, Local Child Curfews, Drug Treatment and Testing Orders.
How will Three Rivers keep me informed
of progress?
Each report of anti-social behaviour will be assessed individually.
Depending on the nature of the complaint and the evidence gathered,
housing staff will then be able to determine what course of action is
needed if any. It is important from the onset that housing staff give the
customer(s) an honest appraisal of the situation. Three Rivers will
inform the customer of the action(s) that can and cannot be
undertaken and the approximate timescales required in resolving
specific anti-social behaviour incidents. Throughout the whole process,
housing staff will make regular contact with the customer(s) and give
feedback on the progress made tackling a particular event.
Three Rivers Housing Association
Anti-Social Behaviour
What private action could I take?
If you want to take private action against a noise complaint you can
make a complaint direct to the Magistrates Court under Section 82 of
the Environmental Protection Act 1990. You could also apply to the
County Court to take out an injunction.
Taking your own legal action can be complicated. We recommend that
you contact the Citizen’s Advice Bureau or your local law centre or
solicitor for advice before you start any legal proceedings.
Review
We will regularly review our Anti-Social Behaviour Policy in consultation
with our tenants.
What if I am unhappy with the way
Three Rivers is dealing with my situation?
Three Rivers has a complaint procedure, the details of which will be
forwarded to you on request.
Three Rivers Housing Association
Anti-Social Behaviour
We can produce this information in alternative
formats and languages.
If you would like information in another
language or format, or require the services of
an interpreter, please contact us on:
0191 384 1122.
(Arabic)
Français (French)
Melayu (Malay)
(Bengali)
(Chinese)
Deutsch (German)
Polski (Polish)
Español (Spanish)
(Hindi)
(Punjabi)
Türkçe (Turkish)
(Urdu)
Head Office
Three Rivers House, Abbeywoods Business Park,
Pity Me, Durham DH1 5TG
Open: 9.00am-5.00pm Monday to Friday
Customer Services
Telephone: 0191 384 1122
24 hours a day, 7 days a week, 365 days a year
Email: contact@threerivershousing.co.uk
Visit our website for more information:
www.threerivershousing.co.uk
part of
SLS 02 V1 JULY 2009