Anti social behaviour

Incidents of neighbour nuisance appear to be on the increase. Some situations are associated with difference in age, or conflicting lifestyles, and have to be accepted as a fact of life. Many of these situations can be resolved between the parties themselves with a degree of compromise and mutual understanding.

In instances where local resolution has failed or is not possible the Association will take action to:

To take reasonable steps to find constructive resolutions to complaints of nuisance so that residents have peaceful enjoyment of their homes
Contribute to the creation of a good environment for all residents
Promote good relations between residents
Facilitating mediation in areas of dispute
Consult and work with other agencies as appropriate
Take firm and swift action against tenants who are in breach of the tenancy agreement, including repossession of our property if necessary

Definition

A nuisance can be defined as:-

Anything that unreasonably interferes with an occupier’s normal use and enjoyment of their home, garden, estate or neighbourhood. It may be caused intentionally or unintentionally by residential or commercial neighbour, as well as people passing through or visiting the area.

Certain behaviour must be accepted as a way of life, such as normal cooking smells and babies occasionally crying, as well as the use of washing machines and vacuum cleaners, at reasonable hours. Problems that occur away from your home or its vicinity cannot be considered under the nuisance policy.

Instances of nuisance

Category of Nuisance	Type of Nuisance Examples	Remedies
Recurring noise Including domestic arguments, fighting, HiFi, TV, musical instruments etc	One off noise or occasional noise is not a nuisance. It becomes a nuisance when it is frequent or recurring and where it affects the lives of others.	EPA 1990 or Noise Act 1996 Breach of Tenancy. Injunction. The Complainant under Section 82 Of EPA Possession action for breach of Tenancy or for forfeiture of lease. Mediation. Complainant can take action under Protection from Harassment Act 1997. TEST. LA Noise Patrols. Injunction.
Noise	Action can only be taken where noise is frequent or very loud at unsociable hours.	As Above
Pay Parties	Pay parties are illegal	Injunction if known in time
Anti Social Behaviour. Foul Language. Spitting, Stealing,Violence or the threat of violence	Is a nuisance	Anti Social Behaviour orders. Injunctions. Mediation
Smoke / Smells	Bonfires or smelly materials or substances, excluding normal cooking smells	Local Authority Bye-Laws for fires Environmental Health Mediation
Running a business from home	Noisy machinery or something that affects other tenants	Action under the terms of the lease or tenancy. Environmental Protection Act 1990. Recharge to those concerned.
Pets	Problems with pets fouling communal areas or making noise	Action under the lease or tenancy agreement RSPCA Residents Groups Mediation
Parking in other than designated locations	Blocking access ways or anywhere not authorised	Action under the lease or tenancy agreement Injunction Mediation Residents Groups
Parking unauthorised vehicles or other items	Caravans, Boats, Lorries, large vans etc	Action under the lease or tenancy agreement Residents Groups DVLC Local Authority
Abandoned Vehicles	Anything unroadworthy or without Road Tax or specific approval from the Association	DVLC Local Authority Residents Groups
Working on Cars (or other vehicles or equipment	Unsightly, disposal of oil, smells, noise, damage to paviers or surface finishes, rubbish, Health & Safety, Danger to others	Action under the lease or tenancy agreement TEST Recharge to those concerned
Unhygienic or Unsafe properties	Infestations, dirty or smelly property. Fire hazards	EPA 1990 Environmental Health Social Services
Gardens	Overgrown, rubbish accumulation, vermin, Health & Safety, Boundaries	Action under the lease or tenancy agreement EPA 1990 Environmental Health Residents Groups
Obstructing internal communal areas and storage	Blocking of access to stairs, exits, walkways	Action under the lease or tenancy agreement Residents Groups Fire Regulations
Nuisance by children / youths	Noise, damage. Playing in inappropriate areas, ball games	Action under the lease or tenancy agreement Environmental Health Police, Social Services Residents Groups Multi-agency approach
Youth Crime and related problems	Vandalism, graffiti, threatening behaviour	As above
Vandalism, graffiti, criminal damage	Criminal damage of any type to Association or other people’s property	As above
Drug dealing / Drug related issues	Noise, fighting, undesirables, criminal activity. Health & Safety	As above
Prostitution	Noise, Fighting, Criminal activity	As above
Violence	Violence of any type, gangs, non residents entering the estate, block or property	As above