Anti-Social Behaviour

What is Anti-Social Behaviour?

It is behaviour that interferes with other people’s rights to the use and enjoyment of their home or community. Your tenancy agreement states that

‘You, those living with you, and your visitors, must not harass or act in an anti-social manner
to, or pursue a course of anti-social conduct against, or show any form of violence towards
any person in the neighbourhood.’

Examples of this sort of behaviour include:

• Playing loud music
• Dumping rubbish on the estate
• Vandalism and graffiti
• Allowing dogs to foul communal areas
• Abusive, threatening or violent behaviour to other residents
• Allowing children to damage property or cause a nuisance in the area
• Substance misuse
• Harassment (racial, religious etc)

Your tenancy conditions prohibits all this type of behaviour. There is an obligation on you, the tenant, to ensure that neither you, nor any member of your household, engage in Anti-Social Behaviour of any kind. Anti-Social Behaviour can seriously affect you and your tenancy.

What can I do?

If you are having problems with neighbours try and solve the problem yourself wherever possible. If you think you can, speak to the person as often the best way to sort out a problem is by talking to each other. Try to see each other’s point of view. It may be that the person does not realise they are causing a problem. Simply by pointing out that their behaviour is upsetting you may be enough to resolve the problem amicably.

Points to remember:

• Remember to stay calm
• Think through what you want to say
• Explain why the behaviour is annoying you
• Be tactful
• Listen to what they have to say and think about it – they may have a point!
• Do not lose your temper – this will only make things worse.

If none of this works and your neighbour continues to be unreasonable – walk away.

What if the problem does not improve?

If things do not improve, phone, write, e-mail or call into the Association’s offices to get advice from your Housing Officer.

If you have a Community Warden please make sure that they are also aware of the situation.

You should also start to collect evidence of the problem by completing Incident Record Forms, which can be obtained from the Association. These forms will help you record times, dates and what happened, they will help you recall incidents as you cannot always rely on your memory. If other neighbours are being affected, ask them to keep records as well or have them contact the Association.

When you record any incidents you must only write down incidents that are unreasonable. Do not record things that could be considered as normal, everyday disturbance and noise. Incident Record Forms can be used as evidence in Court and the Sheriff will only look at incidents that are considered to be unreasonable.

Depending on the problem, you may also wish to contact other authorities such as the Police, Social Services, the Local Authority Environmental Health Department, Citizen Advice Bureau etc. You can also contact a solicitor who could write to the person causing the nuisance or advise you about applying for a court order. You may be entitled to apply for Legal Aid to meet the solicitor’s costs.

What can the Association do?

The Association will give your complaint a priority based on the nature of the problem. Your Housing Officer will contact you to discuss your complaint and agree a plan of action on how best to deal with the problem. This could involve such things as the Housing Officer interviewing the alleged perpetrator and witnesses, obtaining evidence, joint visits with the police or social services.

Throughout the investigation the Housing Officer will keep you informed of developments. It is also very important that you inform the Association when further incidents occur.

If the nuisance continues, the Housing Officer will speak to the perpetrator again and try to do all they can to stop it. But if this does not work the Association will take legal action to prevent your neighbour from acting in an anti-social manner or as a last resort take action to end their tenancy.

Mediation

In certain cases of neighbour nuisance, it may be better for the Association to refer you to an independent mediation service. This service aims to resolve conflicts by talking about the problems with independent people. It could stop a dispute from becoming more serious. Your Housing Officer can discuss this option with you.

Confidentiality

Your complaints will be treated in the strictest of confidence. At no time during the investigations will staff reveal your name to the perpetrator unless you express otherwise.

However, it must be recognised that in some cases your identity will be apparent to the perpetrator despite precautions taken by the Association and also if legal action becomes necessary you may be required to give evidence in Court.

Appeal Process

If you are unhappy about the progress or the decision reached by the investigating Housing Officer, the case will be reviewed by an officer who has not been involved in the case. You should make your complaint in writing to the Housing Manager stating clearly why you are unhappy.

Irvine Housing Association is fully committed to tackling Anti-Social Behaviour in your area and will not tolerate any form of Anti-Social Behaviour. All complaints of Anti-Social Behaviour will be treated seriously and investigated.

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