Being a good neighbour Reducing Antisocial Behaviour, Harassment and Domestic Violence Information for Southwark Council tenants
Tenants’ handbook www.southwark.gov.uk
Southwark Council tenants’ handbook 2
Being a good neighbour Contents
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01 Antisocial behaviour
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02 Pets
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03 Repairing motor vehicles
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04 Noise
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05 Shared areas
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06 Door-entry and CCTV systems
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07 Lifts
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08 Restricted areas
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09 Harassment
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10 Criminal behaviour
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11 Abusing our staff
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12 Domestic violence
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If you are the tenant of a Tenant Management Organisation (TMO), your TMO may provide some of the services explained in this handbook. When this applies, you should follow their procedures. Your TMO will tell you which services they provide.
What is antisocial behaviour? Antisocial behaviour is acting in a way that causes, or is likely to cause, alarm, harassment or distress to someone in another household. This includes people who live on your estate and any visitors.
Being a good neighbour
01 1 Antisocial behaviour
Your rights You have the right to enjoy living in your home and a right to live in an environment free from threats and antisocial behaviour. This means that we will investigate any complaints made by or against tenants, and any action we take will depend on how serious the behaviour is. This is not a guarantee that we can, or will, take legal action in every case. Apart from very serious cases of violence or harassment, you should try to sort out your own differences with neighbours. Your responsibilities As a tenant, you are responsible for: • your behaviour; • the behaviour of any person who lives with you; • the behaviour of any person who comes to visit you; and • the behaviour of any pets belonging to you, someone living with you or your visitors. Your tenancy agreement says that you must not: • do anything which causes nuisance, annoyance, offence, distress or alarm to other tenants or residents or their family, lodgers or visitors; or • damage any property, fixtures or fittings belonging to us or to our tenants and their families.
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Southwark Council tenants’ handbook
If you break any conditions of your tenancy agreement, you risk losing your home. We will consider antisocial behaviour as seriously breaking your tenancy agreement. Nuisance and annoyance The most common examples of nuisance and annoyance are: • loud music, TVs or radios; • abusing drink or drugs; • shouting, loud arguments (often involving bad language) and slamming doors; • gathering in shared areas, stairwells or outside properties, spitting and frightening other residents; • vandalism and graffiti; • dumping rubbish; • playing ball games close to people’s homes; • revving car or motorbike engines repeatedly; • repairing motor vehicles in shared areas (other than minor work on your own vehicle); • dogs barking and fouling; • DIY work at unsociable hours such as late at night; and • throwing anything from balconies or out of windows or doors. We are determined not to allow behaviour that badly affects other people or the environment. As well as the clauses in the tenancy agreement, we can also use other powers to deal with unacceptable behaviour. This includes the Environmental Protection Act 1990 and the Dog (Fouling of Land) Act 1996.
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The Clean Neighbourhoods and Environment Act, passed by the Government in 2005, gives us the power to act on; • abandoned vehicles and vehicles causing a nuisance; • litter;
graffiti; waste; noise; and dogs.
We are now introducing fines for people who drop litter or allow their dog to foul in public areas. We can serve them with a fixed penalty notice and, if they don’t pay the fine, we can take them to court where they could be given a much bigger fine. In the case of dropping litter, a successful prosecution could lead to a fine of up to £2500.
Being a good neighbour
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What you should do if you are experiencing antisocial behaviour Unless you are suffering from serious acts of violence or harassment, you should first try and speak to the person who is behaving in an antisocial way to sort out the situation at an early stage. Many problems arise because people have not talked or considered each other’s point of view. Sometimes people just need reminding that their behaviour is upsetting you. However, if the other person is unreasonable, just walk away. Do not get involved in an argument or fight back in any way. If the problem is continuing, or you are not able to talk to the person for any reason (for example, in serious harassment cases) you should tell your area office, preferably in writing or by phone. Also let the local police know. What we can do Once you have reported the problem, the area housing office will: • send you an acknowledgement of your complaint;
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• tell you the name of the officer responsible for dealing with you; and • start an antisocial behaviour case file. The area office will contact you and make an appointment to see you. They will send you an incident diary which you should use to keep a record of incidents as and when they happen. This is important as it will be very useful evidence later on. In serious cases, we will arrange a meeting with you urgently. Once we have interviewed you and found out what is happening and how you are affected, we will agree an action plan with you. This plan will outline what both you and the area office will do. With your permission, we may, for example: • contact the person carrying out the antisocial behaviour; • contact the police or other agencies; and • contact neighbours or other witnesses to find out the facts and who else is involved. We will make another appointment to see you to review what we have found out and what action we have taken. The steps we can take include: • warning the person who has carried out the antisocial behaviour; • working with other agencies, for example the noise team if your complaint is about noise, or the police community safety unit if it is about a hate crime (domestic violence, racial harassment or violence against homosexuals); • improving the security of your block or home; • referring you to Southwark mediation service, a free confidential service for neighbours in conflict, who may be able to help you and your neighbour sort out the problem; and
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If the antisocial behaviour continues Southwark antisocial behaviour unit (SASBU) Most cases are sorted out before any legal action is needed. However, if the antisocial behaviour is continuing and is serious, your area office can refer your case to the Southwark antisocial behaviour unit (SASBU).
Being a good neighbour
• agreeing an antisocial behaviour contract — a voluntary agreement between us and the person committing the offence to stop their behaviour.
SASBU is a team which includes officers from housing, the police and the youth offending team. It is responsible for: • taking action against people behaving in an antisocial way; • taking legal action to stop antisocial behaviour; and • arranging victim support. Once we have referred your case to SASBU, the team will hold a case meeting with all the agencies involved to consider what action needs to be taken. This could be non-legal or legal action. Non-legal action includes: • an acceptable behaviour contract (a voluntary agreement with the person committing the offence to stop their behaviour); • warning letters; • visits; and • referral to other agencies. Legal action • The team might serve a notice of seeking possession (NSP) on the person allegedly committing the offence. This is the first stage of legal proceedings to evict a tenant from their home. • The team could take out a court injunction against the person
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Southwark Council tenants’ handbook
allegedly committing the offence, which could lead to their arrest. In serious cases involving violence, the team may apply for an injunction without giving notice to the alleged offender. • If the team applies for an antisocial behaviour order (ASBO), it may mean that the person allegedly committing the offence cannot enter certain areas. We can apply for ASBOs for anyone aged ten and over. The SASBU team also works closely with Southwark community wardens and can ask them to conduct additional patrols of the area, or to act as professional witnesses on behalf of residents. Joint working between agencies Sometimes there may be reasons for the person’s behaviour. For example, they may have mental health or social problems. Although this does not excuse their behaviour, we should give them an opportunity to put the situation right. SASBU can ask social services, or the mental health or youth offending team to get involved to try and support the person to change their behaviour. If this does not work, we can still take legal action through the courts. Collecting evidence If we take legal action, the courts must have evidence to prove the antisocial behaviour. The best evidence is the direct experience of the victims and witnesses (which may have been recorded in the incident diary). Sometimes this evidence may need to be backed up by professional witnesses such as Southwark community wardens.
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We will decide whether or not to take legal action after considering each individual case and the available evidence.
Victim and witness support We will treat anything you tell us in strict confidence but it may not be possible for you to remain anonymous. This is because, unless there are a number of people complaining, the person who you are complaining about may guess who made the complaint.
Being a good neighbour
We will take cases to court only if we have a reasonable chance of getting the appropriate order.
If we do have to go to court, we will ask you to be a witness. However, if you are worried about this, you can discuss it with us at the initial interview. It may be possible for someone else to give evidence on your behalf. This is known as ‘hearsay’ evidence. SASBU will always put the needs of the victim and witnesses first when managing cases. They will decide how to support you when they take over your case and regularly update you on the progress of the case.
02 Pets You can keep a pet as long as it is not: • dangerous; • a health risk; or • likely to cause a nuisance. You will need our permission if you want to keep a dog. We will give this as long as: • the dog is microchipped; and • you give us your and your pet’s details and tell us if they change. 9
Southwark Council tenants’ handbook
For more information, contact your area housing office on 0207 525 2600. As the tenant, you are responsible for getting rid of any dog or other pet mess and for making sure that pets do not cause a nuisance by barking continuously or being aggressive. You are responsible for the behaviour of your pets at all times. If you have a pet, there are a few things you can do to stop it causing a nuisance. • Don’t let your pet foul public areas. This is unpleasant and can be a health risk, especially to small children (sometimes tiny worms in dog mess can cause blindness). • If your pet fouls a public area, clean up after it (pet shops sell special scoops). • Don’t let your pet out without a responsible adult and keep your dog on a lead. • Keep your dog out of children’s play areas or dog-free zones. • Keep your pet under control at all times. • Do not allow your dog to bark continuously. It will do this if you leave it alone for a long time. • By law, some dogs must wear a muzzle in public. Check with your vet. We are also trying out ways to control dogs on our estates. We can introduce dog control orders in a specific area to: • control dog fouling; • control areas where dogs aren’t allowed; • control areas where dogs have to kept on a lead; and • limit the number of dogs people can walk at a time.
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Your tenancy agreement says that you must not carry out repairs to motor vehicles near to where you live if we believe it causes offence, nuisance or annoyance to other people. This also applies to motor vehicle repairs you carry out near a garage if you rent one. Examples of nuisance include: • noise from car radios and sound systems; • poisonous fumes from paint spraying or exhausts; • changing oil; • revving the engine or using noisy machinery or tools; and • leaving spilt oil or car parts on estates.
Being a good neighbour
03 Repairing motor vehicles
04 Noise This is one of the most common causes of neighbour disputes. You must keep noise to a reasonable volume at all times, especially during the night. So, please be a good neighbour and keep the volume and bass down on TVs, radios, stereos and musical instruments. You are not allowed to have a party that people pay to attend or to have a party that is too noisy. And, you must not advertise, or let other people advertise, a party where you live. If you do want to have a party, it is best to tell your neighbours beforehand and tell them when it will finish. Keep the music down and ask people to be quiet when they leave.
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05 Shared areas Shared areas are meant to be used for rest and quiet recreation. This means, for example, that you should not use stairwells, shared landings, estate paths, shared paved or tarmac areas and grassed areas for: • • • • • • • • • • •
playing ball games; drinking alcohol; using drugs or taking part in any other illegal activity; smoking when covered by the law banning smoking in public places; gathering in groups and frightening other residents; riding motorbikes and scooters (apart from on specific estate roads); carrying out motor vehicle repairs; playing loud music; letting off fireworks; dumping rubbish and unwanted furniture; or having a barbecue.
Shared areas can form part of a tenant’s fire escape route, so it is very important that you do not block these areas in any way, including using these areas for storage or displaying real or artificial plants.
06 Door-entry and CCTV systems We will sometimes fit door-entry systems or closed-circuit television (CCTV) to shared entrances to blocks. These will increase the security of your home when they are properly used. 12
Your conditions of tenancy state that to protect the security of you
07 Lifts You and your family and visitors should use the lifts only for their proper purpose. Many elderly and vulnerable people rely on the lifts and the main reason for them breaking down is vandalism. And, no one likes to enter a lift that has been used as a toilet!
Being a good neighbour
and your neighbours, you should only allow people in through the door-entry system if they live with you or are visiting you. Don’t let anyone in who you don’t know.
08 Restricted areas Certain areas on the estate are out of bounds for health and safety reasons. You and your family and visitors should not enter any area that is restricted, including: • lift rooms; • water tank rooms; • the roof and roof spaces; and • drying areas (other than for hanging washing).
09 Harassment Harassment is a particular type of antisocial behaviour which is directed at individuals, their families or groups of individuals. It it offensive behaviour that interferes with other people’s quality of life. Often, though not always, the harassment is carried out because of someone’s ethnic background, gender, sexual orientation, religious or political belief, age or disability. 13
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The most common types of harassment include: • violence or threats of violence towards any person; • violent or threatening behaviour, including possessing a weapon or something that can be used as a weapon; • using or threatening to use a dog as a weapon; • abusive or insulting words or behaviour; • damage or threats of damage to property belonging to another person; • writing threatening, abusive or insulting graffiti; • racist behaviour, including written or verbal abuse; • malicious vandalism; • malicious phone calls; and • deliberately playing music, TVs or radios loudly to annoy a neighbour.
10 Criminal behaviour No one who lives in your home or who visits may use your home for any criminal purpose including dealing in or possessing illegal drugs, prostitution or storing stolen goods or any illegal weapon. We may evict you if you are arrested and convicted of an offence that takes place in your home or in an area around your home.
11 Abusing our staff
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We will not accept any abuse of our employees or their agents, such as contractors. Your tenancy agreement says that you must act in a reasonable way towards our employees and agents, and must not threaten, abuse or assault staff who are carrying out work on our behalf. This also applies outside normal office hours and if you phone or write to us.
If you feel that a member of staff has not acted in a reasonable manner, please contact us using our complaints procedure. You can find details of this in the ‘Customer service, complaints and equal treatment’ booklet of your tenants’ handbook.
Being a good neighbour
In the same way, our staff will act reasonably towards you and not threaten or abuse you.
12 Domestic violence Domestic violence is not acceptable. Domestic violence includes physical, sexual, emotional or financial abuse, or the threat of abuse, by: • a current or ex-partner (even if they do not live with the victim); • a family member; or • anyone who would reasonably be expected to live with the victim. Domestic violence can affect women or men and those in samesex relationships. You will be breaking your tenancy agreement if: • you are convicted of an offence involving violence or a threat of violence against a member of your household; or • a court order has been made against you to leave your home temporarily or permanently because of your behaviour towards a member of your household. This may mean that we will take action to evict you from your home. 15
Southwark Council tenants’ handbook
What you should do if you are a victim of domestic violence We have a policy of supporting victims of domestic violence. We work with the police and other agencies to give support and practical help to victims. If you are suffering from domestic violence, you can do the following. • You can phone 999 and ask for the police if you are in immediate danger of violence. • You can speak to someone in the police community support unit (CSU) for advice on legal solutions. • You can contact an independent domestic violence adviser (IDVA) who will: • assess the risk you are under; • give you an individual support and safety plan to make sure you are safe; and • help you through the legal proceedings. IDVAs are based in voluntary agencies such as: • Southwark Victim Support • Bede House Association Your housing officer can help you to contact an IDVA by referring your case to SASBU. If you want to stay in your home, you should apply to the courts for: • an occupation order to keep the abuser away from your home; • a non-molestation order to stop the abuser from being violent (or threatening violence) to you or a member of your household; or
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If you need emergency rehousing, you should contact your area housing office. Your housing officer will contact SASBU who will find someone to help you and find you somewhere to live temporarily. (If the emergency arises at night or during a weekend, please contact the homeless persons unit on 020 7525 5000.)
Being a good neighbour
• an injunction against the abuser to keep them away from you and your home.
Southwark Refuge on 0208 693 3905 can also arrange temporary accommodation for you and give you advice and support. Southwark Victim Support If you have been a victim of crime, you can get help from Southwark Victim Support. They offer a free and confidential support and listening service. They can: • visit you at home; • advise you about personal safety and security; and • help you fill in forms if you have been injured. They may also be able to help you with extra security to your home. The trained volunteers deal with all types of crime from burglary to serious sexual assaults and domestic violence. They also help the families of murder victims. You can call Southwark Victim Support on 0207 378 8886 or visit their website www.vslondon.org
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Notes
Being a good neighbour
Notes
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Updated: April 2010