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Registered Company Name:
Saffron Housing Trust Limited
Registered Office:
Saffron Barn, Swan Lane, Long Stratton, Norfolk, NR15 2XP
Company Registration Number:
04740454
VAT No:
831 2392 50
Registered Charity Number:
1103896
Housing Corp. Reg. No.
LH4412
Registered in England and Wales
Anti-social Behaviour
Anti-Social Behaviour - A guide
Anti-Social Behaviour - Ways in which Saffron can help
Anti-Social Behaviour Policy and Procedure Summary 2010
Anti- social behaviour and neighbour nuisance can cause considerable distress to residents and Saffron Housing is committed to tackling this behaviour fairly and effectively to help ensure that tenants can enjoy peace, quiet and security in their homes. We will take firm, prompt and appropriate action in dealing with disruptive tenants and other persons causing Anti Social Behaviour (ASB), nuisance or harassment on estates or in individual dwellings. We will demonstrate that we will not tolerate anti-social behaviour and will make this clear to tenants and to any person who is seeking a tenancy.
What is anti social behaviour?
This can take a number of forms ranging from serious acts of violence and harassment to overgrown gardens, some examples are shown below;
Violence or threats of violence;
Abusive or insulting words or behaviour;
Condition of home and/or garden
Nuisance caused by animals barking or fouling
Damage or threat of damage to property belonging to another person;
Writing graffiti
Intimidation and harassment including the targeting of groups because of their perceived differences;
Use of the property to sell drugs or for other unlawful purposes.
Making an unreasonable level of noise by any means including shouting, slamming doors, operating tools or machinery or playing music, radio or television
Domestic Violence
Inconsiderate parking/repair of vehicles of vehicles
Dumping of rubbish
Doing anything that interferes with the peace, comfort or convenience of other people .
Your tenancy agreement the legal contract between landlord and tenant- makes it clear that you are responsible for the conduct of all people (including children) living in or visiting your home.
How do I make a complaint about ASB?
Complaints of anti- social behaviour should be made to your Area Housing Officer (01508 532000) or you can write to, or e-mail us giving details of the problem.
Note; in some instances it will be more appropriate to make a complaint to another organisation such as the Police in circumstances where it is an emergency or where a criminal act has taken place or Environmental Health where a serious noise nuisance exists. In such circumstances Saffron Housing will liaise with these agencies over incidents and discuss options for overcoming problems).
What happens next?
All reports of anti- social behaviour will be investigated.
The complainant will be advised of a named Housing Officer who will deal with the case
On receipt of a complaint, contact will be made with the complainant within 5 working days to confirm the nature of the problem.
Information will also be provided on options for action and likely timescales involved
You will be kept informed throughout the investigation
Your complaint will be treated in confidence
The alleged perpetrator, neighbours, the Police, the Council and others may be contacted as appropriate during the investigation
If the problem is an obvious one, we may be able to sort it out easily. For example if you tell us about an overgrown, rubbish-filled garden we can simply go round and check. We'll tell the other person to get it cleaned up, and take whatever action is necessary if they don't.
But many cases aren't quite so simple. If the anti-social behaviour is not obvious to everyone, or if it's aimed directly at you - harassment and abuse for example - we will need to talk to you before we can start an investigation.
In most cases we will need to meet you to talk about the problem. We can do this wherever it suits you - in your home, at our office or at another appropriate location.
We'll ask you questions to help us get a picture of the problem: who is affected; how they're affected; where it happens; when it happens; and why you think the person is acting anti-socially. We will want to speak to other people in your household who have been affected too.
At the end of the meeting we will discuss and agree a course of action with you.
Talking it through.
If the case does not involve threats, violence or harassment, the investigation could start with a suggestion that you talk the problem through with the other person. There's always a better chance of solving a dispute if you try to see each other's point of view. Sometimes a neighbour just needs reminding that their behaviour is upsetting you.
As a good neighbour you should be reasonably understanding of the different lifestyles of others. For example you don't have to put up with regular noisy parties, but try to tolerate a one-off event - especially if you're warned about it first.
If the other person is unreasonable, just walk away. Don't get involved in an argument.
If the problem remains unresolved or the methods outlined above are not appropriate, further investigation of the case will be required; including further contact with the alleged perpetrator outlining the breach of tenancy conditions/nuisance/anti social behaviour that needs to be remedied. The 'perpetrator' must be able to present their view of the situation.
What you need to do.
Keep us informed during the investigation
You will need to provide evidence of nuisance through the keeping of diary records
There will be times when we believe that there is not a problem to resolve, or where evidence is insufficient. We will then advise you that we can take no action in a case. You could decide to take your own action (injunction or private prosecution etc) but you should ensure you seek legal advice before proceeding .
What action can we take?
We would try a number of options before taking legal action. These might include;
Warning letters and interviews
Referrals to other agencies (Social Services, Youth Offending Team, Council's Community Safety Team etc)
Mediation
What legal action can be taken?
This is usually limited to the most serious cases and can includeService of a Notice of Seeking Possession which is the first step towards ending a tenancy Possession Orders/Suspended Possession Orders. These are Court Orders that end a tenancy. They can result in the tenant being evicted or in the case of a 'suspended' order, the tenant is given a final chance to change their behaviour. These orders are at the 'discretion' of the Court and it must be 'reasonable' for the Court to grant possession Injunctions; these are Court Orders preventing particular actions.
Acceptable Behaviour Contracts these 'contracts' clearly set out the behaviour that is unacceptable and the 'perpetrator' agrees not to continue to act in that way. They are seen as a warning and sometimes lead to Anti Social Behaviour Orders.
Anti Social Behaviour Orders (ASBO) can be obtained against anyone aged 10 and over who has behaved in a way likely to cause harassment, alarm or distress. The Court may make an order prohibiting specified acts and or exclude the subject from an area
Demoted tenancies The Court can order that an Assured tenancy becomes a less secure Assured Shorthold tenancy. Possession may then be sought if there is a further breach of tenancy conditions. A demoted tenancy will cease to be demoted after 12 months if no action is taken.
What Support will you give me?
If legal action is undertaken, complainants may be required to make formal statements describing the ASB/ neighbour nuisance caused. Complainants may also be asked to attend Court proceedings in order for us to prove a case against the perpetrator.
If witnesses are required to attend Court to give evidence they will be supported in this and will be accompanied by an appropriate staff member. We will give consideration to the use of professional witnesses where appropriate. Consideration will also be given to the supply of alarms or other measures to complainants as necessary.
Witnesses will be fully supported during this process and will be kept advised of progress in a case and the legal processes involved. Support to witnesses may include;
Referral to specialist witness support groups
Installation of witness support measures such as alarms, improved home security, panic buttons
Temporary rehousing if appropriate
Regular visits from Housing Officers
Racial harassment.
We have a clear commitment to addressing unlawful discrimination and harassment, encouraging people to report racially motivated incidents, supporting complainants and their families and taking action against perpetrators as appropriate.
"A racist incident is any incident which is perceived to be racist by the victim or any other person"- the MacPherson report into the death of Stephen Lawrence March 1999. It might take the form of physical or verbal abuse, racist graffiti or intimidation
As a tenant of Saffron Housing Trust, it is a breach of your tenancy conditions to harass someone on the grounds of race, colour or religion and we are committed to dealing with such incidents swiftly and effectively.
If the perpetrator is a Saffron tenant, an occupant of one of our properties, or a visitor to a Saffron Housing property, we will investigate and may subsequently seek a Possession Order of the property and if necessary, the subsequent eviction of the occupants.
If you believe that you or a member of your household or others- is a victim of racial harassment or racist behaviour, you should report this matter to your Area Housing Officer or Police.
All complaints will be treated in confidence and no action will be taken without your consent.
We will use remedies available to us and work with other agencies to ensure that your safety and security is not compromised by the racist behaviour of others.
Domestic Violence.
We believe that none of our tenants or those living with them, should live in fear of violence from a spouse or partner, former spouse or partner, or other member of their household, and we will take steps to assist and support any person suffering from or threatened with violence. Such violence may be physical, emotional or psychological. Where domestic violence is suspected in relation to a child or someone with special needs a referral will be made to an appropriate agency.
We aim to offer assistance to those who are suffering from domestic violence or threats of violence either from someone within their own home, or from someone outside their home (such as a boyfriend/girlfriend or former partner).
What we can do.
All victims of domestic violence will be interviewed by an appropriate member of staff within one working day of asking for assistance.
The victim will be offered an interview with a staff member of the same sex.
Interviews will be carried out in a sympathetic and supportive manner
The victim will be assured of confidentiality. The victim will be advised of possible courses of action, both to respond to the immediate situation and to deal with the longer term.
If the victim is unable to return home, the member of staff will liaise with South Norfolk Council regarding the provision of temporary accommodation, subject to the wishes of the victim.
Where the victim has left the accommodation, and subject to his or her wishes, we will consider taking action to evict the perpetrator of the violence using its powers under the Housing Act 1996 and the tenancy agreement.
If the victim is able to remain in his or her home temporarily, we will explore the option of offering a transfer.
If the victim feels able to remain in his or her home either temporarily or permanently, but requests additional security measures, we will consider assistance.
Violence or aggression against our employees and others.
We aim to ensure the safety of our staff, board members, contractors and agents at all times, so we will not tolerate any kind of threats or threatening behaviour against them.
Violence is not confined to physical violence against the person, but includes damage to our property or that of our employees and others
You are responsible for the behaviour of your family, other people who live with you and your visitors. If any of these people become violent towards any of our employees or others you will be held responsible for their actions.
If a member of staff, board members, contractor or agent experiences any form of violence, threats or verbal abuse, we encourage them to report it. This may lead to criminal prosecutions as well as legal action to repossess your home, as it is a breach of your tenancy agreement.