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Action we can take
We believe that the public should be aware of the strong action we take when dealing with anti-social behaviour. Therefore, we will always issue a press release of our successful court cases to the local media and we will include the names of the perpetrators who caused the anti social behaviour.
Verbal/written warnings
We will warn tenants that their actions are breaking tenancy conditions and what will happen if they do not keep to them. This stage gives the persons causing the nuisance a chance to modify their behaviour. If their behaviour continues and the call progresses to court action, serving a warning shows the judge that we have been reasonable in the way we have dealt with the persons causing the nuisance.
Acceptable Behaviour Contracts (ABCs)
These are usually used to stop anti-social behaviour from young people aged 10-18 but can be used against adults. An ABC is not an admission of guilt. It is a contract that sets out the standards of future behaviour. This is often used in conjunction with other types of support to help the young persons modify thier behaviour. An ABC last for 6 months. If anti-social behaviour continues we may seek an Anti-Social Behaviour Order.
Anti-Social Behaviour Orders (ASBOs)
Like an injunction, an ASBO is an order from the Court. It aims to stop certain behaviour. An ASBO can be obtained against anyone aged 10 or over. Breaching an ASBO is a criminal offence. It can result in a fine, a prison sentence of up to 5 years or a combination of both. An ASBO lasts for a minimum of 2 years and can last for life.
Injunctions
These are an order from the Court. They make somebody do something or stop doing something. We can seek an injunction to make a council tenant comply with their tenancy conditions. Sometimes we can get an injunction against non-tenants. They can only be used against people over 18 years old. Breaching an injunction could result in imprisonment.
Injunctions are also used where we don’t want to go for eviction. For example; someone who is keeping a dog in a multi-storey block. We don’t want them to lose their home we just want them to find a new home for the dog and abide by their tenancy conditions.
Notice of Seeking Possession (NSP)
This is a legal notice that starts possession proceedings.
Possession Proceedings
As a last resort we may need to ask the court to evict somebody from their home. To do this we have to prove that they have broken their tenancy conditions and that it is reasonable to evict them. In some cases the court may grant a ‘Suspended Possession Order’. This means a person can stay in their home as long as they comply with certain conditions,such as not causing any more anti-social behaviour
Demoted Tenancies
We can ask the court to 'demote' secure council tenants who have caused anti-social behaviour. This means they lose their rights as a secure tenant (including the right to buy their home) for a period of 12 months. If there is any further anti-social behaviour (or other breaches of tenancy conditions) in this period we can apply to the court for a possession order to evict them. If there are no further breaches of tenancy conditions, the tenancy converts back into a secure one at the end of the 12 months. If after the tenancy converts back to a secure one the tenant makes a ‘Right to Buy’ application the period when the tenancy was demoted is not counted towards the time used to calculate any discount.
Suspending an application to buy a council house
Where someone is causing serious anti social behaviour and apples to buy their council property, we can ask the Court to suspend their application for up to 12 months whilst we resolve the problem.