In fighting this issue I have to say that the law is not
very much on your side. In reality no legislation has been provided which
enables you to take action. There have been many initiatives, guidance,
protocols etc for dealing with these problems but nothing sufficiently
underpinned by legislation that an aggrieved party can point to and say” It
says here you must do this - so do it”.
A Housing Association, well any landlord, does not,
generally, have any liability towards neighbours for the nuisance created by their
tenants. Nor do they have a duty of care towards the neighbours. In many
another walk of life a “nuisance” or “breach of duty” gives rise to a cause of action
that can be brought before a court. It doesn’t work where any action is needed
to be taken against a landlord because of their tenants.
Thus, to bring any action to try and remedy the problem
you have to come at from an angle which may not appear that obvious. In addition to the options I mentioned above
1. If
you bought your house from the Local Authority and they then sold the adjoining
property to the Housing Association, or you bought from the housing Association,
perhaps some covenants in the conveyance of the house to you can be enforced
against the Housing Association. This would be an action for breach of contract.
I am thinking here about, say, a covenant prohibiting nuisances or annoyance to
neighbours. Whilst you may have signed up to such a covenant for the benefit of
your neighbours, they are sometimes reciprocal so that they also bind the
Association. If your conveyance deed does have a useful clause it may mean an
action in court to enforce it and that takes time.
2. If
the Housing Association is failing to implement its policy this could create a
potential complaint against that Association. So, once you find out what the
policy says the association will do to prevent anti-social behaviour, you need
to write and point out the relevant provision in the policy and ask what action
they propose to take. If you are not satisfied with their response you could run
the issue through all stages of their complaints procedures, so you need a copy
of that policy. If you are not satisfied that they have acted in accordance
with their policy you can take your complaint on to the Housing Ombudsman.
Again a rather long winded route.
3. The
tenant may have been granted a “starter tenancy” for the first 12 months of
occupancy and then a more permanent tenancy is granted if they have behaved. If
there is a starter tenancy still subsisting you could ask the Housing Association
not to make it permanent in view of the activity at the property. The Housing
Association does not have to listen you. Find out who the trustees of the Association
are and lobby them.
4. If
the tenant is the pregnant girlfriend then the problem is caused by a visitor.
Should she be held to account for his actions? The 2003 Anti-social Behaviour Act ( Sections
14 and 15) may assist. These give the
Housing Association a power to apply for a ‘demotion order’ where tenants or
other residents of a dwelling, or visitors to a tenant’s home, have behaved in
a way which is capable of causing nuisance or annoyance. Such an order ends the
current tenancy and replaces it with a less secure tenancy for at least a year.
This just makes it easier to evict the tenant if the problem recurs in that
year. This action is at the discretion of the Housing Association – you can’t
make them do it.
5. The
Housing Association could apply for an anti-social behaviour injunction against
the individual to prevent him from visiting the area. These can be expensive
and take time to obtain and it is purely within the discretion of the Housing Association
whether it applies for one.
6. I did mention a possession order. The
Housing Act 1985 gives a Housing Association an ability to obtain a possession
order. Ground 2 is the ground for possession to quote for evicting a tenant or
any person residing in the house who has been guilty of conduct which is, or is
likely to cause a nuisance or annoyance to a person engaged in lawful activity
in the area. So, if this lad is
convicted by a court as a result of the incident you described you are half way
there to asking the Association that it exercises its rights under ground 2.
Again, though, it is for the Housing association to decide to take that action -
it cannot be forced to.
7. The
Government is proposing some new powers and faster track powers for dealing
with anti- social behaviour. However, it is taking time.
So, a number of options to
bear in mind once you have gathered your facts. Broadly you need to work with
the Association, constructively, however long it takes. Get all the neighbours
together as there can be strength in numbers
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Anti Social Behaviour\Housing Assocation
