Anti-social Behaviour Complaints Policy
All of our homes are intended to be enjoyable places to live and no resident should feel harassed, threatened or have their freedom to enjoy their home disrupted by a neighbour or other third party. Since 1997 the UK Government has introduced stronger legal powers to enable Local Authorities and Landlords to take action quickly and effectively in situations where the behaviour of certain individuals is having a negative impact on home owners and tenants. Since the introduction of these powers, the pubic has reported a noticeable improvement, however, reports are occasionally still received in relation to anti-social behaviour throughout the country.
All tenants of Atwel James are issued with a tenancy agreement on commencement of their tenancy and our expectations of tenants’ behaviour are clearly outlined within that agreement. If a complaint is made to your landlord or managing agent that you have exhibited any anti-social behaviour, we will take action immediately as detailed below. Please note our anti-social policy aligns with the Anti-Social Crime, Behaviour and Policing Act 2014.
Atwel James’ policies do not discriminate against any person on grounds of their ethnicity, colour, race, religion, sexuality, gender, disability or age. Atwel James’ staff is committed to tackling Anti-Social behaviour and all complaints will be dealt with in a sensitive and timely manner.
Residents are responsible for the behaviour of all members of their household which includes tenants, children, pets, visitors and lodgers. Residents are at risk of eviction from their home if they do not adhere to terms set out in their tenancy including those pertaining to expected behaviour.
What is Anti-Social Behaviour?
- Verbal abuse
- Physical abuse
- Homophobic, racist, religious or sexist behaviour towards neighbours or others
- Intimidation of others verbally and/or through violence or threats of violence
- Systematic bullying of children
- Repeated Environmental damage e.g. fly tipping, graffiti, litter, dog fouling etc.
- Repeated noise disruption (see below)
- Drug related activity
- Criminal damage
If the behaviour is noise related, you should keep a record of any instances which have occurred including the time of the noise disturbance and the length of the disturbance. Initially, noise disturbance should be reported to your landlord but if the noise continues, we may suggest that you refer the matter to the Local Authority’s Environmental Health Department. Under the 1990 Environmental Protection Act, the LA may act against those who have caused nuisance to neighbours. If the Environmental Health Department consider the noise to be a Statutory Nuisance, they are then obliged to serve an Abatement Notice; if this Notice is breached it is a Criminal Offence.
Reporting Anti-Social Behaviour
If you are a victim of anti-social behaviour exhibited by a tenant of Atwel James:
- In the first instance, it is important to try and determine whether the behaviour of the person(s) in question was intentional. If you are comfortable in doing so, you should approach the person and ask them to cease the behaviour. However, if the person has acted in an intimidatory or aggressive manner towards you, please contact Atwel James
- Contact Atwel James in writing by post or email giving specific details of the behaviour. Alternatively, you can complete our Anti-Social Behaviour Report form online here.
- Our initial course of action will be to try to deal with the matter informally by re-stating our expectations of tenants’ behaviour and reiterating our No Tolerance stance on Anti-Social behaviour.
- In the event that the above action is ineffective, we will undertake an investigation to determine the level of anti-social behaviour: the length of time this behaviour has continued for; who has been affected; and how this behaviour impacts yourself and others.
- Once an investigation has been carried out, a formal written warning will be issued.
- If the behaviour continues following issue of the written warning, we will work with the appropriate agencies to instigate enforcement action which is likely to be an Injunction.
- If the Injunction is not adhered to, we will seek to take possession of the property.
If you are accused of Anti-Social Behaviour
Please note that if you are found to have exhibited Anti-Social Behaviour in a previous tenancy, it is likely that you will not be approved for one of our tenancies.
- If an Anti-Social Behaviour complaint is made about you or a member of your household, we will contact you to discuss the matter.
- If the behaviour continues we will complete an investigation into the level of disturbance (see above) and issue you with a formal written warning and you will be liable for the costs of this communication.
- If the behaviour continues, we will instigate legal action which is likely to be an injunction. However, if the behaviour is criminal in nature, the Police will be contacted e.g. intimidation, wilful damage to property, assault etc. If the behaviour is environmental, the Local Authority will be informed e.g. fly tipping, graffiti, dog fouling etc.
- If all action taken above is unsuccessful and complaints are still being made, we will seek to take possession of your property.
Please note: In relation to leasehold properties e.g. flats, Landlords and/or agents can only deal with anti-social behaviour under the terms of the lease and legal restrictions related thereto.