Anti-social behaviour: council tenants and leaseholders

People’s understanding of what ASB is can be very different and can affect people in very different ways. For some people, it means living next door to nuisance neighbours. For others, it’s about litter and dog fouling or graffiti on the street. Often, it can include people acting in an aggressive, intimidating or destructive manner.

ASB is behaviour that is persistent and causes harassment, alarm, or distress. This can cover a wide range of unacceptable activities, including:

• Intimidation and harassment.
• The fouling of public areas, graffiti, fly-tipping and nuisance vehicles.
• Actual violence or threats of violence against people or property.
• Using, or threatening to use housing accommodation to make, supply or sell drugs. Or for other unlawful purposes.
• Excessive noise nuisance.

Sometimes it’s difficult to decide what counts as ASB, and what is everyday life. Everyone should be able to enjoy activities in their own home as long as the behaviour is reasonable. People have different lifestyles. This means we need to be realistic when advising complainants what we can and cannot do.

We will not investigate the following as anti-social behaviour:

• Behaviour occurring at unusual times because of different working patterns.
• One off parties where there is no evidence the incident will reoccur.
• Smoking or cooking odours.
• Clashes of lifestyle due to cultural differences.
• Noises arising out of the reasonable use of a property, as defined below.

Noise that arises out of reasonable use of a property, including:

• Babies crying.
• Children playing (including ball games).
• Dishwashers,vacuum cleaners, tumble dryers, washing machines and or other household appliances.
• General talking.
• Heavy footfalls (for example people walking in the flat above).
• Loud talking or laughing.
• Sexual noises.
• Where there is no breach in the tenancy. For example people staring or being inconsiderate.
• Noise transference due to poor sound insulation.

This is not an exhaustive list and may vary to include other low level nuisance issues.

Our tenancy agreements set out clear behaviour standards. Tenants, their families, and visitors must not cause ASB towards neighbours, the community, or our staff. We stress that if ASB arises, it may lead to taking action against their tenancy.

We recognise that both complainants and perpetrators of ASB can be in need of support. Where identified, we will make referrals to appropriate support agencies.

Vulnerable people who are the perpetrators of ASB can also be the victims. This can be due to the abusive and exploitative behaviour of others. In these cases we will make appropriate safeguarding referrals. As well as referrals to support agencies where we cannot provide support ourselves.

Written or verbal warnings

Low-level intervention. Making the alleged perpetrator aware of the reports. And offering advice to prevent further enforcement.

Good neighbour agreements

A non-legal resolution. The alleged perpetrator agrees to take certain steps. Or to change their behaviour to prevent further nuisance.

Mediation

To help resolve issues within a community. We will use the services of an independent mediator. This does not always involve the parties meeting face-to-face.

Extension of introductory tenancy

If a new tenant causes ASB or nuisance, we may extend their introductory tenancy by 6 months. If issues persist, we may take legal action to end the tenancy before it becomes secure.

Community Protection Warning

A Community Protection Warning (CPW) is a formal written warning outlining specific conditions. It is the first step before we issue a legally enforceable Community Protection Notice.

Community Protection Notice

If the rules set out in the Community Protection Warning continue to be broken, we will issue a Community Protection Notice (CPN). We share this with Kent Police, and it could lead to fines, prosecution, or action against the tenancy.

Civil Injunction

We use this for immediate risks or serious, repeated breaches of tenancy. It typically requires witness statements and strong evidence to get a court order.

Notice of Seeking Possession

A 12-month notice, where we can apply for possession during this time. Possession will be granted at the discretion of a judge.

Demoted tenancy

A demoted tenancy limits tenant rights and simplifies the eviction process. If the tenant follows all court orders for 12 months, the tenancy will automatically return to being secure.

Closure Order

If ASB, disorder, or criminal activity continues despite our efforts, we may apply to the court for a partial or full closure of the property. This is a last resort. We use it when other attempts to resolve the situation have failed, and the behaviour remains serious and persistent.

We will deal with all reports of ASB about any Thanet District Council tenant or leaseholder. If you want to talk to us about problems of anti-social behaviour in your area, please let us know if you need:

• Language interpreters at interviews, including British sign language interpreters.
• Information and letters translated into another language.
• Information and letters in large print, audio file or other format.

Safeguarding and protecting vulnerable adults is everyone’s responsibility. We have a duty to, and will respond to, any report of concern of abuse.

Kent Police

If you are at immediate risk or a crime is in progress, call 999.

For non-emergencies and incident logging, call 101.

CrimeStoppers

To report suspected crimes or criminal activity, call 0800 555 111 or visit the CrimeStoppers website.

Social Services

If you are concerned about someone’s welfare or you believe someone is being abused, please call 03000 41 61 61 if it is an adult or 03000 41 11 11 for children.

Victim Support

For independent, free, and confidential advice, please call 08 08 16 89 111 or visit the Victim Support website for more information.

Citizens Advice

Please call 08 08 27 87 998

Thanet District Council Community Safety

To report ASB in the wider community and for other advice, please visit our Community Safety page

Street Scene

To report graffiti, fly tipping, or rubbish that could attract pests.

Please call 01843 577 000 or visit our Clean Streets page

Dog Warden

For advice or to report dog fouling or stray dogs, please call 01843 577 000 or visit our Dog Warden services page

RSPCA

To report animal welfare concerns, please visit the RSPCA website