anti social behaviour

[old_andrew2007]

Hi


I have friends who live in a flat, there are a few flats in their block all have the same landlord, I'm not sure if its an individual or a company.


My question is can the landlord be held responsible for the antisocial behaviour of a tenant, as it was the landlord who had placed this tenant in the accommodation.


The issues are about noise nuisance that is playing amplified music for long periods, the latest was over 4 hours beginning at 11.30 at night.
The landlord is not interested, also their local council are being helpful either, “they are as much use a chocolate fireguard” sic.


Can anyone suggest a course of action that may be carried out an individual or better still a collective basis.


Regards




Andy

[kennythecelt]

Shelter: Private landlords and antisocial behaviour

This is the position in Scotland

"From 30 April 2006, most owners and landlords of privately rented properties have to register with the council and take responsibility for antisocial behaviour that occurs in properties that they rent out. Councils can make private landlords take reasonable action to deal with antisocial behaviour caused by their tenants or by people visiting properties that they rent out."

[old_andrew2007]

Hi

An update/Correction I am now aware that the block of flats concerned is local authority owned, a complaint of antisocial behaviour was made.

The team investigating want to close the file as my friends have not been disturbed for 3 days, the both work shifts and can be away over night at least twice weekly.

if they do close this file, as I am told they have done in the past what can be done, can anyone advise on how to escalate the complaint.

Regards

Andy

[Conniff]

Your friend can call the police and they will attend.

Have a look at this site, there is also a forum included:

Neighbours From Hell in Britain

[rainbow_brite]

I realise this thread is not new any more but thought I'd share my experience for anyone searching for this in the future.

I live in an apartment building, some are privately owned, some are 50/50 and some are rented out. I live on the basement level and for quite some time every Saturday night a flat on the floor above me would play their music incredibly loud starting at about 10am and not finishing until the small hours of the morning. My boyfriend even left my house one night saying that the racket was horrendous and he couldn't sleep!

This went on every week for about a month or so and in the end I snapped and phoned the police. They did absolutely nothing. I live almost directly behind a police station and they still did nothing, claiming that I needed to contact environmental health instead. I never did this as I thought that as my noise complaint wasn't occurring every night of the week that they would do nothing.

Luckily they don't have their parties quite so frequently any more, though it definitely hasn't stopped. My point was just this, where I live (Devon) the police don't seem to care about noisy neighbours unfortunately.

Good luck to anyone dealing with the same kind of thing!

[MrShed]

Originally Posted by rainbow_brite

Luckily they don't have their parties quite so frequently any more, though it definitely hasn't stopped. My point was just this, where I live (Devon) the police don't seem to care about noisy neighbours unfortunately.

To be fair, it is not a police matter - they are quite right to direct to to EH - and having been on the receiving end, I can tell you that at least in my area EH are both quick to respond, and have quite fair ranging powers in the case of noise disruption.

[sweetnsexyenglish]

I have been living in my property now for three years. The property was a mutual exchange, and unfortunately although I asked what the area was like before I moved in I made a mistake asking the person who I was exchanging with, who as you may guess obviously lied in order to get my property.

I was 4mths pregnant when I moved in and within less than a month I found out why my mutual exchange needed that move. The people on the one side of me were/are terrible, screaming, shouting, banging, fighting, playing music all through the night. Once I was awoken to a noise that sounded like gun shot only to see the next morning the windows had been put through on their property and these windows are double glazed. Even when my baby was born the noise did not stop and the majority of the time police where at the house.

I called the police constantly, and reported it to the council,as well as the out of hours team... as I am a council tenant but the property next door is privately owned. I was asked to keep diary's for evidence on who did what when and who were involved. Unfortunatley when there are no reports the case does get closed and they only keep the case open for a short period.

One of my neighbours felt sorry for me and also the housing inspector because I live right next door to the most troublesome family in the street and since I have been here the property on the other side of me has seen 3 tenants so far the last one has remained but also had their fair shares of run in with the family on the other side, so as you can expect I am in the middle of all arguments fights etc. The council claimed their hands were tied because the owner owns their property.

However how it was explained to me is this....if they had been council tenants the council could evict them however left as homeless the council also have the responsibility to rehouse them, so either way they are moved from one neighbourhood to another.

The fact they own their own home, dont let the police or the council fob you off.

What I did... I kept my complaint up constantly, I made sure for everytime I reported it to the police I reported it to the out of hours team for the council. The Anti social team are a bit stupid though...as you will soon see, one of my neighbours who owns their own home asked whether a petition could be drawn up, but as the majority of the cul - de- sac children seem to hang out with the teenagers at the problem house we had to see how many of us would actually sign in order to make a difference, we kept up the complaints as two of these teens never seemed to go to school, me being at home with a new baby witnessed a lot of the things that took place during the day. After another meeting with the Anti Social team they did a blanket drop of the whole street with diarys for the problem house, but this was a bad move and again the case got dropped because some of the children where friends with the teens from that house and so news got around and the family fixed up for the duration of the diary reports.

Now during this time the teens at this address along with several other children made two families move out of the street. Threw eggs at the one persons house and terrorised the family, and broke into the home of the next family who happened to move into the empty property on the other side of me. Funny thing is the two families used to be friends but when you fall out with the family from hell they make your life hell...

I forced the council to fix up or move me, as I am adequately housed they wont move me so then their only other alternative was to fix up, I also spoke with the police and eventually the council and the police started to get there crap together and worked togther...The police have made sure to follow up and prosecute the teens next door when ever they have had enough evidence and co operation...currently one of them is doing 2 years, two of the teens seem to not be there any more leaving just one who police are round to see on a regular but the street is now QUIET, and there is no more noise coming from next door.

If the case is closed and the noise starts get it REOPENED!! keep a diary of evidence call the police then register the fact you have called the police with the local authority, out of hours team if it takes place out of hours and the environmental team, dont let up!!

[old_andrew2007]

A quick update, my friends still are having a problem with noise they have diary sheets from anti-social team and EH.
Council still wanted to close the case after warnings were sent and the noise stopped for a few weeks, it started again so they contacted a councillor who escalated the complaint.

[sweetnsexyenglish]

That is the usual pattern for them to close it but just advise them not to give in, 3 years here and I am now happy in my home, previously I was not and even put my house back on the mutual exchange board because of it...however I am glad i was persistent as who knows what worse place could be round the corner with another exchange they say better the devil you know and we eventually beat the devil. Even ball playing has been restricted and if I have issues with ball playing my neighbours know I will take pictures and on occasion have confiscated a few balls and the parents have had no issue with me doing so as they have seen I have been patient beyond what most would have been. And I guess would rather that than being reported to the Anti Social team because of their children's ball playing in the street hitting cars and windows when we are surround by easily accessible playing fields and parks.

And the ball issue is mainly directed towards the bigger kids who kick the ball in the culdesac like they are playing on a field surround by no cars or houses

[jackieandwayne]

Coucil house tenants who have the misfortune to live next door to a private property where there is asb/noise have an absolute right to demand something is done. And on a large council estate, believe me it can be done if you have a good HO who knows her job. I'm assuming this one is on an estate. When a Council house is sold the deeds will state certain restrictions (all designed to keep the peace) and sometimes it explicitly states no noise, disturbance, car breaking, excessive pets etc etc. All that is needed is the HO to inform their Legal Department that the covenants of the private property are being breached and they can get onto it. They have the power to take an owner-occupier to court. This is where it may fall flat, because of the cost. However, if all Depts, police, ASB co-ordinator etc really want a persistent problem resolved they will use this and share the cost. That is how it should work in practice.

The Council, by doing nothing, are technically in breach of the contract they have with their tenant by way of the tenancy agreement. They are not upholding part of the management task - which is to ensure you have "peaceable and quiet enjoyment of your tenancy."

Ditto flats where some are sold and some still tenanted, only this time it is necessary to look at the lease to the property causing the problem and report it to the freeholder for action - in council blocks the freeholder will generally be ... the local authority.

Ask the HO to give you diary sheets and make sure you complete them so that a picture can be built up, and also ask for a copy of their policy on dealing with such matters. Don't let them fob you off.

Noise etc is not a police matter, although they have been known to break up violent and out of control parties. You do need to tell EHO, they have the regulatory powers to deal with noise pollution. A good Council will have an out of hours service, give you diary sheets, an out of hours contact number, and can even install the old monitoring equipment. You may well have to attend court as a witness, but if that is what it takes to stop the nuisance so be it.

What I suggest to the original poster of this thread, is this. If you are being disturbed by these goings on, then very likely many other people will be as well. Ask some discreet questions, guauge if your neighbours would be willing to band together with you to make a joint complete, like a petition. Find out who your local homebeat officer is in the police, get them on your side etc etc.

I hope you soon get your peace and quiet.

[sweetnsexyenglish]

Originally Posted by jackieandwayne

Coucil house tenants who have the misfortune to live next door to a private property where there is asb/noise have an absolute right to demand something is done. And on a large council estate, believe me it can be done if you have a good HO who knows her job. I'm assuming this one is on an estate. When a Council house is sold the deeds will state certain restrictions (all designed to keep the peace) and sometimes it explicitly states no noise, disturbance, car breaking, excessive pets etc etc. All that is needed is the HO to inform their Legal Department that the covenants of the private property are being breached and they can get onto it. They have the power to take an owner-occupier to court. This is where it may fall flat, because of the cost. However, if all Depts, police, ASB co-ordinator etc really want a persistent problem resolved they will use this and share the cost. That is how it should work in practice.

The Council, by doing nothing, are technically in breach of the contract they have with their tenant by way of the tenancy agreement. They are not upholding part of the management task - which is to ensure you have "peaceable and quiet enjoyment of your tenancy."

Ditto flats where some are sold and some still tenanted, only this time it is necessary to look at the lease to the property causing the problem and report it to the freeholder for action - in council blocks the freeholder will generally be ... the local authority.

Ask the HO to give you diary sheets and make sure you complete them so that a picture can be built up, and also ask for a copy of their policy on dealing with such matters. Don't let them fob you off.

Noise etc is not a police matter, although they have been known to break up violent and out of control parties. You do need to tell EHO, they have the regulatory powers to deal with noise pollution. A good Council will have an out of hours service, give you diary sheets, an out of hours contact number, and can even install the old monitoring equipment. You may well have to attend court as a witness, but if that is what it takes to stop the nuisance so be it.

What I suggest to the original poster of this thread, is this. If you are being disturbed by these goings on, then very likely many other people will be as well. Ask some discreet questions, guauge if your neighbours would be willing to band together with you to make a joint complete, like a petition. Find out who your local homebeat officer is in the police, get them on your side etc etc.

I hope you soon get your peace and quiet.

I totally agree, and the fact that I had to point out this to my Housing Officer in the tenants hand book what their responsibility is to me was disgusting.... And although we have out of hours and so forth a lot of the time they like to "play pass the buck its not our responsibility" however I held them all responsible as it was not just noise but violence fighting banging which could be heard due to the fighting....at some points I awoke thinking all this was taking place on my landing hall way when in fact it was next door it was that bad..... Now everyone is working together it is more peaceful for me and my family in our own home.

The only noise I hear now is the neighbour on the other side of me playing music until the hours of the morning, 4 am however I can live with that as I have had worse, and though I shouldn't have to live with it as my bedroom is on the opposite side to where the music is being played I really only hear it if I am in my hallway or bathroom so leave it to her adjoining tenant to complain as their bedrooms are adjoined to where the noise is originating as it is a terrace house.