Pay online
Find a form
Bin & Wheelie collections
Find your councillor
Council meetings & agenda
Compliment, comment or complaint
Garden waste collection
Licence applications
Planning Applications
Publications
Clubs & Organisations
Behaviour
Enforcement
Support
Domestic Noise
Acceptable Behaviour Contracts or Agreements
Fixed Penalty Notice for night noise
Injunction, Demoted Tenancy, Possession and Eviction
Injunction for public nuisance
Anti Social Behaviour Order (ASBO free-standing or on conviction.
Noise Abatement Notice,
Prosecution for breach (Anti Social Behaviour Order on conviction)
Mediation
Warnings and agreements
Individual Support Orders if ASBO freestanding and aged 10 to 17.
s153a, B, C and D, Housing Act 1996 (as amended by part 2 of the Anti Social Behaviour Act 2003 and Police and Justice Act 2005)
s222, Local Government Act 1972 (as amended by the Police and Justice Act 2006)
s1, Crime and Disorder Act 1998 (as updated by the Police Reform Act 2002)
S9(4a) Noise Act 1996, s83 Clean Neighbourhoods and Environment Act 2005 and s79-80 Environmental Protection Act 1990
Rowdy or Nuisance Behaviour
Gang activities
Rowdy or Nuisance Behaviour (Continued)
Dispersal of Groups
Injunction for public Nuisance
Parenting Order (also provides support)
Child Safety Order (children under 10; also provides support)
Local child curfew scheme (children under 16)
Family group counselling
Youth Diversion
Parenting Contracts
Parenting Orders
Restorative justice
Alcohol treatment
s222, Local government Act 1972 (as amended by the Police and Justice Act 2006)
s8, Crime and Disorder Act 1998 (as amended by the Anti Social Behaviour Act 2003 and Police and Justice Act 2005)
s11, Crime and Disorder Act 1998
s14, Crime and Disorder Act 1998
s153A, B, C and D, Housing Act 1996 (as amended by part 2 of the Anti Social Behaviour Act 2003 and Police and Justice Act 2005)
Part 1a, Anti Social Behaviour Act 2003 (as amended by s118, sched 20, Criminal Justice and Immigration Act 2008)
Part 4, Policing and Crime Act 2009 (commencing 01st April 2010)
Prohibitive and Positive requirements
Hoax Calls to Emergency Services
Education schemes
Youth schemes run by local emergency services involving education and reparation work.
Individual Support Orders if freestanding and aged 10 to 17.
Verbal and Physical abuse
Criminal damage
Graffiti
Fly Posting
Unauthorised distribution of literature
Violence and threat of violence
(continued)
Fixed Penalty Notice
Defacement Removal Notice
Anti Social Behaviour Order (ASBO free-standing interim without notice or ASBO on conviction.
Prosecution
Anti Social Behaviour Order
Restorative Justice
s8, Crime and Disorder Act 1998 (as amended by the Anti Social behaviour Act 2003 and the Police and Justice Act 2005)
s43, 48-52, Anti Social Behaviour Act 2003 and s96, Clean Neighbourhoods and Environment Act 2005
s1, Criminal Damage Act 1971
s131(2) and s132(1), Highways Act 1980
s2, Protection from Harassment Act 1997
Housing Act 1996 as amended by Part 2 of the Anti social behaviour act 2003 and Police and Justice Act 2005)
Hate Crime
Physical and mental health needs
Drug treatment
Counselling
Compulsory drugs testing for trigger offences (s2, Drugs Act 2005)
Assessment by drugs specialist
Restrictions on bail to assess defendants drugs use
Drug Intervention Order if 18 or over
Drugs /
Substance Misuse
Injunction, Demoted tenancy, possession and eviction (breach of tenancy)
S1-11, Anti Social Behaviour Act 2003
Drug Dealing
Closure powers for Class A drugs
Physical and Mental Health Services
Drug Treatment
s153b, Housing Act 1996 (as amended by Part 2 of the Anti Social Behaviour Act 2003)
Animal Related Nuisance
Irresponsible dog ownership
Consistent Barking
Allowing dogs to intimidate individuals
Dog fouling
Warnings and Agreements
Education
s80, Environmental Protection Act 1990
s2 and s8(1), Noise Act 1996
Housing Act 1996 (as amended by Part 2 of the Anti Social Behaviour Act 2003 and Police and Justice Act 2005)
S55-59(2), Part 1, Chap 6 Clean Neighbourhoods and Environment Act 2005 and Dog Control Orders Regulations 2006
Anti Social Behaviour Order (ASBO free-standing or on conviction).
Animal Welfare Act 2006
Dangerous Dogs Act 1991 and amendment 1997,
Dogs Act 1871
Licensing and Alcohol related nuisance
Licensing Act 2003
Licensing
Drink Banning Orders
Premises Closure Notice
Premises Closure Order
Anti Social Behaviour Order (ASBO free-standing interim without notice or ASBO on conviction).
Right of Entry
Ban on Alcohol consumption in Public Places Order
Alcohol Disorder Zone
Illegal sales of Alcohol by or for under 18’s
Voluntary Alcohol dependency support courses.
Partnership agencies linked working
What it is used for
Improvement notice to reduce or remove unacceptable hazards from the home
Prohibition orders to prohibit the use of all or part of a premises
Hazard awareness used to draw the owners attention to a hazard in the property where a formal notice is not yet necessary.
Emergency Remedial Action. Works area carried out by the council to reduce a significant hazards where there is an imminent risk of serious harm
Prohibition order prohibit the use of all or part of the premises where there is imminent risk of serious harm
Management orders the management of the property is taken over by the local authority.
Empty Dwelling Management Orders. Used to assist in bringing empty properties back into use where the property is managed by the local authority
Used to deal with management issues in HMOs where the other legislative tools are unable to deal with the issue. No notice provision prosecution only.
section 80
Notices can be served if the officer is of the opinion that there is a statutory nuisance at the premises. The premises must be deemed prejudicial to health or a nuisance.
Building Act 1984
section 59/60
Used to deal with defective drainage issues in existing buildings
section 64/65
Used where sanitary conveniences are insufficient or in need of replacement and are considered prejudicial to health or a nuisance
section 76
Used where the property is so defective so as to be prejudicial to health. This notice notifies the person responsible of the local authority’s intention to remedy the problem (similar to work in default).
Public Health Act 1936
section 45
Used where there are defective sanitary conveniences due to their repair and/or cleansing ability. They must be in such a state as to be prejudicial to health or a nuisance.
Public Health Act 1961
section 17
Where any drain, private sewer, water closet, waste pipe or soil pipe has not been maintained and can be repaired for less that £250.
Local Government (Miscellaneous Provisions) Act 1976
section 33
Used where services such as the water supply are due to be, or have been, cut off to a domestic property.
Prevention of Damage by Pests Act 1949
section 4
Used where there is evidence of or harbourage of pests at a property.
section 16
Used to formally request information about a premises or a person.
Police and Criminal Evidence Act 1984, Criminal Procedures and Investigation Act 1996, Regulation of Investigatory Powers Act 2000
Used in relation to interviews under caution, prosecution and gathering evidence.
There are other pieces of legislation used to deal with empty properties such as the Compulsory Purchase order process, Town and Country Planning Act 1990 section 215, and Enforced sales.
Back: Appendix 3: Formal Notice to designate
E-mail:
housing.conditions @thanet.gov.uk
Tel: 01843 577437
Further information for private landlords here