Anti Social Behaviour

[davethorp]

As many people on this forum will know I've been having a number of problems with my current landlord (housing association/former council) and the [INSERT COLOURFUL LANGUAGE HERE] who lives above us.

Basically throughout most of last year my family (including a baby boy from Nov 2006) and I have been subjected to a nightmare time from our neighbour including incidents several times a week of noise (resulting in 4 stereo's seized by environmental health), threats and abusive language to myself and my family and one act of criminal damage. Whilst these incidents have dropped from several times a week to a few times a month there are still incidents and it is still not a very pleasant living experience for me or my family.

In December 2006 I filed a claim with the court for their failure to deal with this nuisance seeking compensation from the Landlords. This was eventually settled out of court for a financial payment and on the understanding that the case would be dealt with better following the setup of a "community safety team" by the landlords in Jan 2007. However since the setup of this team still nothing has been done to stop the ASB or to enforce the notice to quit or the acceptable behaviour contract

I've currently lodged a complaint with my Landlords that basically, despite us submitting diary sheets each time there is an incident all they seem to be doing is twiddling their thumbs and allowing the diary sheets to gather dust. In addition last summer the person in question signed an acceptable behaviour contract with the Landlords following them serving a notice to quit (effectively turning the notice to quit into yet another warning). He has since violated this contract more times than I care to count

Just had the response to my complaint today and basically the landlords are saying that because the incidents have dropped in frequency, they are giving themselves a pat on the back and believe the little measures they have taken have been successful (surely if they were successful then the ASB would have stopped rather than merely reduced). Needless to say I've escalated the complaint to the next stage of their complaints procedure.

They are also saying the because the ASB has dropped in frequency that were they to proceed and apply for a possession order, this would be rejected by the judge despite them having a huge file of diary sheets from ourselves as well as reports from Environmental Health and the police something which basically sounds ludicrous, and sounds like they don't want to go through the expense of applying for an eviction, enforcing it, then having to advertise the property while it lies empty.

Does anyone have any experience with evictions under the ASB grounds of the housing act and know if the landlords are telling me the truth or simply trying to keep both parties happy while they get the rent from both of us?

Also does anyone have any tips on how to best deal with this (other than send some big lads round to his with baseball bats which is very very tempting though I'm not certain it's 100% legal ). I've already contacted my MP with details of our present housing situation (which in addition to the ASB is overcrowded with 3 of us in a 1 bed flat) and he's written to them but not sure if that will make any difference.

Thanks for reading rather long post and all advice welcome

[Joa]

The courts will indeed require a very high level of evidence to issue an eviction order in relation to antisocial behaviour. I had one client, whose case goes back 5 years, the file was the size of a fridge freezer, yet the housing association would issue possession proceedings. We instructed solicitor, wrote to Housing Obudsman, MP, local papers- nada, zilch, no movement. It's so hard- the only thing we achieved was that the client was given a priority on an exchange scheme and a financial compensation.
Sorry, not a very good news, but wouldn't want to give you false hope.
Get a solicitor, it's struggle to do it all by yourself.
It would be really good if you'd have an advocate, welfare agency caseworker or a solicitor. Try to find one through Shelter: Advice services directory or through Community Legal Service's The Directory

[davethorp]

Thanks for that Joa though not the best of news.

I've already had some financial compensation (albeit only a total of £350) from them (£300 in December relating to this and £50 a couple of months ago when the ceiling collapsed as you probably remember). We wouldn't mind being given priority on an exchange. It's overcrowded with 3 of us (and a cat) in a 1 bed flat as it is and the overcrowding could be getting worse in 9 months or so. Right now that seems to be our only hope in getting moved.

Why we should have to be the ones who move and then he's totally scot free to do it all over again to some other poor sap I don't know but it seems to be typical of the nation we're living in these days

[Joa]

Why we should have to be the ones who move and then he's totally scot free to do it all over again to some other poor sap

- becuase we have naive expectation that the world will eventually turn out fair. bzzzzzzzzzz! Wrong!
Therefore do not waste your precious time and mental health resources- the scum will not change his ways, the housing association will not remove him fast enough for you to stay sane. Get away. Focus on getting away.
Will keep my fingers crossed.

[Nightmare4banks]

Hi all!

davethorp,in reply to your posts - I would like to just add:

Why don't you purchase a CCTV camera and record the "nuisance" as and whenever it happens?

I have had a similar problem to yours in the past myself and I used a basic CCTV camera which was linked to my video recorder together with a sworn statement.It was enough evidence for the police and more importantly the bad neighbours found out and were given a warning under the anti-social/harassment laws.In the end the main culprits moved out and not me!

Personally,I would never move out of a place if subjected to any grief/hassle.

However,you should make your landlords do something about your problem.

The video evidence does the trick!

IN BRIEF...

Been there and got the t-shirt! So if it worked for me,why should it not work for you?

Note:I remember posting threads within this section last year regarding my problems and the best way to tackle them.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[Parva]

With all due respect Nightmare, I think this case is well beyond the aquiring evidence stage. I too have been there, I was even burgled by my neighbour but couldn't prove it. Given the 1 bedroom flat and current situation the best thing he can do is get the hell out for the sake of his family and his sanity.

[davethorp]

I actually do have webcams dotted around the flat as a deterrent. They aren't plugged into the computer but of course they don't know that

[Nightmare4banks]

Hi all!

Parva,I totally disagree with you here again with all due respect because I firmly believe in being firm but fair with people and not tolerate any bull****.

davethorp,in my view the fact that you have the web cams in full view of these folks actually is less beneficial for you.

Why not have the webcams on but hidden so you actually do come up with some evidence to help you with your problem?

Just a suggestion.