There are a number of ways you can take action against nuisance neighbours, but it depends on what kind of housing you or the nuisance lives in.
Problem neighbours in social housing
The courts have the power to grant injunctions against antisocial behaviour with the possibility of attaching a power of arrest. Injunctions are a swift, inexpensive and effective means of stopping antisocial behaviour. Local authority landlords and registered social landlords may currently apply to the court for such injunctions.
Local authority landlords may apply for these orders against anyone who has used or threatened violence against someone else going about their lawful business in the locality of the local authority housing stock, but landlords of other types of social housing can apply for orders only against their own tenants. You have to provide evidence of the activity complained of and the court must conclude that there will be a continued threat of harm if the order is not granted. In this instance you should contact your landlord to discuss the possibility of an injunction but if you feel in immediate danger, you should call the police.
The Law
Clause 13 of the Antisocial Behaviour Act introduced new provisions allowing certain social landlords to apply for injunctions to prohibit antisocial behaviour that affects the management of their housing stock:
Giving all social landlords the same powers as local authorities to obtain county court injunctions to exclude perpetrators of antisocial behaviour from a specified area and, if necessary, their home. Landlords of charitable housing trusts will have to establish that the behaviour in question constitutes a breach of the respondant's tenancy agreement;
Injunctions will be available where the behaviour in question is capable of causing nuisance or annoyance to residents of the landlord, visitors to the premises or locality, or staff employed by the landlord in connection with stock management. This is aimed at widening the range of people who can be protected from the perpetrators on antisocial behaviour.
It will not be necessary for the antisocial behaviour to have occurred in the vicinity of the landlord's housing but there will still need to be a connection with the landlord's management of its accommodation.
A power of arrest will be available in cases where there is a significant risk of harm to residents of the landlord, visitors to the premises or locality, or staff employed by the landlord, even if there has been no actual or threatened violence. Significant risk of harm could include emotional or psychological harm.
Antisocial neighbours in privately rented housing
Private landlords are not responsible for the actions of their tenants, but as long as they have not "authorised" the antisocial behaviour there are a number of remedies available to them.
A landlord has the power to evict a shorthold tenant under the Housing Act 1998, and if the tenant living in the house is guilty of behaviour that has caused or is likely to cause nuisance or annoyance to a person residing or going about their business in the area, then the landlord can seek a court order for eviction. This applies if the tenant or a person living in the property is using the house to deal drugs or for prostitution.
As a first step, you should advise the landlord or the managing agent of the property concerned that the tenant is causing a nuisance. The remedies available to you will depend on the nature of the nuisance. For example, if the nuisance is mainly to do with noise, the environmental health department of the council may be able to assist, but if the nuisance is harassment or intimidation then you should contact the police.
The Law
Schedule 2 of the Housing Act 1988 sets out the grounds on which a landlord may seek to evict a shorthold tenant. Ground 14 allows a landlord to seek a court order for eviction under the Housing Act 1996.
Local authorities have the powers under the Environment and Protection Act 1990 to act against private tenants and others who cause a nuisance to neighbours. Under Section 222 of the Local Government Act 1972 a local authority can obtain orders to promote or protect the interests of the inhabitants of the area.
New powers for tenants to tackle antisocial behaviour became law from summer 2007. For the first time where the local council chooses to grant this power, Tenant Management Organisations will have the power to apply for ASBOs on their estates.
Antisocial neighbours in privately owned homes
As eviction is not an option in this situation, you could ask for an ASBO to be put on the occupier and there are provisions to enable the police or local authority to place an Order on the individual stopping them from behaving in a way that "causes innocent people distress or fear".
Page last updated/reviewed 4th January 2010 |
