Antisocial Behaviour FAQ's
Not sure what is considered antisocial behavour or how to report incidents? Find out here with our helpful FAQ's.
What is not considered to be antisocial behaviour (ASB)?
- Noise from children playing
- Parking disagreements
- Civil disputes such as boundary issues
- One off incidents of noise nuisance
- Living or domestic noises (including ordinary conversation heard through walls or floors, neighbours walking around their home as part of the normal use of their home, domestic activities such as vacuuming or using washing machines which are being carried out in a reasonable and considerate manner).
- Noise from people leaving their home early if the activity is considered normal use of the property.
Do you consider ball games ASB?
The Government aims to encourage children to play outside as it helps to reduce childhood obesity and is a normal part of a child’s development. Unless those playing ball games are causing more serious nuisance, such as verbal abuse, noise late at night or damage to property we will not take action against them.
Who can I contact about an ASB issue outside normal working hours?
If you would like to report ASB outside normal working hours please fill in the online form (Link) which will be e mailed tour Community Safety team to respond to the next working day.
If you affected by noise during the night, you should contact your local Council Environmental Health team.
Why should I have mediation with my neighbour?
Mediation is a way to resolve disputes between neighbours. Mediators are trained; independent impartial and non-judgemental people who can help others resolve their differences.
If you have been asked to consider mediation, you should know that it is often a quick and effective way to resolve the ASB issue you are experiencing and will also allow the person causing the behaviour to understand how it is affecting you.
We will only offer mediation where we think it is appropriate. We will not normally offer mediation where there has been violence involved.
Will you evict my neighbour if they have breached their tenancy agreement?
We will only take legal action to evict a customer as a last resort, usually only once we have tried to resolve the ASB issue in every other way possible. Only in very rare cases of asb will we try to evict a tenant straight way, examples of this could include convicted by court of a serious crime including (but not restricted to) supply of class a drugs, cultivation of class b drug, murder, serious assault.
Research shows that most asb cases are resolved by early intervention. This can include warning letters and meetings with the person involved to discuss the issues reported to us. Referrals to support agencies and mediation.
When appropriate we work in partnership with other agencies to resolve asb issues, such as Environmental Health and the Police. They also have powers available to them that they can use such as noise abatement notices, fixed penalty notices and property closure orders.
Why do I need to complete and incident diary?
It is important you keep a record of ASB incidents so we can use it to measure and monitor the ASB, which will help us decide what action to take.
The diary is very important if we decide that it is both proportionate and reasonable to take legal action against the person responsible for causing the asb.We will need this information to satisfy the Judge of the extent and seriousness of the problem.
The quality of the records that you make in the diary is vital in whether we succeed or not if the matter is referred to court, so it’s important to write as much as detail as possible about each incident.
How many incident diaries will I need to complete before action is taken?
We will usually take action straight away when you first report asb. Our first response will be to speak to the other party and might be to send a warning letter to them reminding them of the terms of their tenancy agreement.
Does my neighbour have to know that it’s me who has complained?
We will treat your report confidentially and will consult with you before sharing any information with others. Occasionally we will share your information with other agencies such as the Police or Social Services or a medical professional without asking for your permission. For example, if there is a safeguarding concern involving you, a child or another vulnerable adult. We will hold all of your information securely in line with the relevant laws such as the Data Protection Act 1998.
However, whilst we will try to protect your identity, you must be realistic. For example if your compliant is about noise nuisance, it may not be too difficult for your neighbour to work out who has complained. You should also be aware that if the case goes to court and you agree to give a witness statement, the alleged perpetrator will receive a copy of it and will therefore know who you are.
We will discuss with you any action that we would like to take before we proceed to make sure that you are in agreement with the action.
Will you respond to anonymous reports?
If you choose to report anonymously we will not be able to contact you if we need more information or let you know what we have done. This may affect the amount of evidence that we can collect for a case and the action that it is possible for us to take.
I think my other neighbours are affected, what can I do?
Depending on the nature of the asb report we will:
- Write to neighbours telling them that we have had reports and asking them to contact us if they are also affected
- Carry out door knocking to see if others are affected or have witnessed anything
- Work with external agencies to find out who is responsible for causing the asb problem
Can I move to get away from ASB?
If the asb is so serious that you fear for staying in your home you should contact us to discuss this.
We will not move you or the other person involved as a means of resolving the issue (except in exceptional circumstances) but we will deal with the asb.We may put in a range of protective measures to help you stay in your home such as fitting extra security measures or applying to the court for an injunction against the alleged perpetrator.
You can apply to transfer or exchange your home to another home but if there is an outstanding issue about your tenancy, such as if you are in rent arrears you will have to resolve this before you can move.
You have known about the ASB issue that I have been suffering for years. Why have you not taken any action sooner?
It might appear that we are not dealing with an ASB issue once it has been reported to us. Please be assured that this is not the case. The reason why we might not have resolved a certain ASB issue may be because the person reporting the issue to us is not willing or unable to come forward with more information or evidence that will support the allegations made.
Without witness testimonies and evidence that people are happy for us to use in court we are limited to the action we can take. We cannot do it alone and need support from those affected to make our case against the alleged perpetrator.
There will also be reports of ASB that are not considered ASB or do not constitute a nuisance. This is usually allegations of noise when the person accused denies that they make a noise and there is no independent evidence also when there are conflicting versions of the truth with no independent witnesses.
Am I responsible for ASB caused by my visitors?
Under the terms of your tenancy agreement you are responsible for the behaviour of people living with you or visiting your property. If your visitors cause a nuisance or annoyance to others living in your area your tenancy.
If you know that someone who lives with you or visits is causing asb, you must take reasonable steps to resolve this by asking them to stop. If you fail to resolve the asb issue we may consider taking action against you and your tenancy and you might lose your home.
What happens if I’m evicted for ASB?
An eviction for asb is very serious and can only happen if a court orders it.
If you are evicted for asb, you will be considered ‘intentionally homeless’-meaning your eviction was avoidable if you had not caused asb. The Local Authority may not allocate you to another home. You might also find it difficult to be rehoused in the private landlord sector because we would not be able to give you a positive reference.
For more information, you can read our ASB policy here.