Antisocial behaviour

We hate to say it but noisy neighbours can be more common than you’d think! Remember, no home’s totally soundproof so you’re always going to hear some noise from your neighbours. And some level of noise is normal as we go about our day-to-day lives.

The first step is to have a chat with your neighbour. Explain politely that the noise they’re making is bothering you. You might find this a bit awkward but it’s surprising how often people don’t even know they’re being noisy!

Most neighbours are happy to do what they can to keep the noise down. But if that doesn’t sort things out, let us know.

There’s lots we can do to help.  Any action we take will be based on things like the time of the noise, the duration and frequency of the noise, the type of noise, and the level of noise.

If it’s a one-off party we probably won’t class it as antisocial behaviour.  But if it’s happening regularly you should report it to us. As well as being a noise nuisance it can also be quite frightening.  Fights should also be reported to the police.

We’ll start an investigation and look at the best way of dealing with the problem.  This might include putting together a good neighbour agreement, issuing verbal and written warnings, or as a last resort, taking legal action.

We might ask you to download an App called the ASB App to keep track of all the dates and times of when things have happened.  You can also send recordings and videos through this. 

You should report it straight away to us and the police. We take reports of threats of violence very seriously and we’ll start an investigation within 24 hours of you contacting us.

We know you’ll be feeling scared and anxious but don’t worry, we’ll do everything we can to keep you safe.  And we’ll keep anything you share with us confidential.

We might ask you to download an App called the ASB App to keep track of all the dates and times of when things have happened.  You can also send recordings and videos through this. 

There’s lots we can do, depending on how serious the problem is. We might give you CCTV equipment and extra security for your home, we might issue warnings to the person causing the problem, we might start legal proceedings, or even evict them.

We get why you’re worried about this. And we know that standing up to antisocial behaviour can be pretty scary. But don’t worry, we’ve got your back.

It’s easy to report antisocial behaviour to us. Just fill in our online form, phone us or send an email. If you’re not comfortable reporting it to us, you can get someone else to do it for you.

We’ll start an investigation and look at the best way of dealing with the problem. But it’s up to you to decide where and how we talk to you. We can meet you at home or in a safe place, or we can talk on the phone. Everything will be confidential and we won’t discuss it with anyone else with without your permission. And we won’t tell the person causing the problems who’s made the complaint about them.

If you report more threats, violence or serious intimidation during the investigation we’ll look into these within 24 hours. And if any extra support or security measures are needed, we’ll put them in place. We’ll do everything we can to keep you safe.

We’re okay with our customers having pets like cats and dogs, as long as they’ve told us about them. All this information is in your tenancy agreement. If you think your neighbour is in breach of their tenancy agreement, please let us know.

With the barking dog, the first step is to have a chat with the owner and discuss your concerns. You might find this a bit awkward but it’s surprising how often people don’t even know their pet is causing a problem!

But we understand that you might not want to do this if you’re scared or feel threatened by their behaviour. Never put yourself in potential danger. Contact us to report the problem and we’ll do what we can to help.  We may also ask that you log this with your local council, they can take different action to us and can also issue fines and community protection warning and notices.  It helps if we all work together to tackle the problem.

It’s important that once you’ve reported it to us, you’re able to help us with our investigations. We might ask you to download an App called the ASB App to keep track of all the dates and times of when things have happened.  You can also send recordings and videos through this. 

We’ll look at all the information and decide whether any tenancy agreement rules are being broken. If they are, we’ll start by giving the owner a warning. If the problem continues we might start legal proceedings.

Witness statements are really useful. Without them we might not have enough evidence to take a case to court. But it’s your choice. If you don’t want to make a statement we’ll respect your wishes. We’ll never force you to do anything you’re not comfortable with.

We understand why the thought of going to court can be scary. And that’s why we take the time to talk you through the whole process step by step. We’ll explain what happens before, during and after a hearing to make sure you understand what’s happening.

No, it’s not at all excessive. What’s happened to you sounds like a hate crime which is a criminal offence. So you should definitely report it to the police. It’s also a serious tenancy breach so we’ll investigate and take action if the incident was racially motivated.

Don’t worry, there’s lots we can do to help. We might issue warnings to the person causing the problem, we might set up mediation, take out a court injunction against the perpetrator, or even evict them.

The police have lots of powers to caution and potentially prosecute people who harass.
We’ll look to use these powers as well as taking our own steps to prevent and stop harassment when it happens in our local communities.

Yes, overgrown gardens are a type of antisocial behaviour.

The first step is to have a chat with your neighbour and discuss your concerns. There’s maybe a reason why they haven’t cut their grass in a while.  But we understand you might not want to do this if you’re scared or feel threatened by their behaviour.  Never put yourself in potential danger.

Contact us to report the problem and we’ll do what we can to help.

If your neighbour asks you to keep the noise down, try to help and respect their right to peace and quiet in their own homes.

Maybe you don’t even realise how much noise you’re making. Things like slamming doors, playing loud music, having lots of late-night parties and barking dogs can make your neighbours really unhappy.

If you regularly cause unnecessary noise and nuisance you’ll be in breach of your tenancy agreement and could end up losing your home. We ask that you meet with us and talk to us about what is being reported so that we can all work together to stop the problems.

If you’re witnessing or suffering from nuisance, crime or antisocial behaviour it’s important to keep detailed records of what’s happening to you and your family.

To help us and the police deal with any complaints, we’ll need dates and times of incidents, what exactly happened, who said or did what, and how long the incident lasted.

It’s important you tell us how the nuisance or antisocial behaviour is making you feel, or if it’s harming your health.

If someone accuses you of antisocial behaviour the best thing you can do is to limit or stop the behaviour that’s upsetting your neighbour. Put yourself in their shoes and try to understand their point of view. 

But if a complaint’s made against you, we’ve got a duty to look into it. We want to understand why it’s happened and what’s going on. Please get in touch with us and we can talk to you about your options and what we can do to help.

We'll offer mediation so that you and your neighbour have the opportunity to try work through problems together. We have a dedicated mediation service who are happy to talk things through with you before you agree to anything, they can explain what will happen and how they can help you. We find that mediation is often really successful and we always urge people to give it a go. 

There's lots of useful information here:

• Mediation and Training (ADR)
• What is Conflict Coaching?
• Understanding Mediation (ADR)

Our antisocial behaviour and harassment policy covers ASB and harassment experienced by our customers, their neighbours, our colleagues and contractors. For a quick and easy guide on what ASB is and how we can work with you to tackle it, you can take a look at our easy read ASB guide. 

The policy covers what ASB is, our approach to tackling problems, how we can support you and how we take a community-based approach. 

We're committed to tackling ASB and harassment experienced by our customers, their neighbours, staff and contractors. This policy says how we’ll prevent and stop ASB in our places. We'll do this by:

• Being clear from the start of the likely outcome of the case.
• Being clear about our expectations of our customers.
• Acting quickly when there is a problem.
• Making sure we see all sides of the story.
• Working with those causing problems to help them see how their behaviour affects others.
• Keeping in regular touch with our customers until problems are sorted.

Just so you know, we’ve a separate policy covering Domestic Abuse.

Who's this for?

It’s for all properties owned or managed by Yorkshire Housing.  It’s for our customers, people who live with them or people visiting. If they cause problems in the surrounding area, it's for that too. And it also covers our colleagues. We’re happy to help where our customers are causing problems whoever you are.

Partnership working 

The effective prevention and management of ASB and harassment is reliant on successful partnership working. Where serious incidents, such as hate crimes, are reported our first priority will be to work with the police to ensure the safety of the victim(s) and coordinate legal action taken against the perpetrator. The police have extensive powers under the Protection from Harassment Act 1997, ASB, Police and Crime Act 2014 and the Telecommunications Act 1984 to caution and prosecute those who cause or who are “likely to” cause alarm and distress to others. Yorkshire Housing will seek to use these powers as well as our own remedies to prevent and stop ASB and harassment when it occurs. We recognise there is a growing problem of cyber stalking and bullying or harassment perpetrated through social networking sites. We will work closely with the victim and police to prevent and stop ASB and harassment through these means. 

Reporting ASB and harassment 

We investigate all reports of ASB and harassment quickly. We will conduct the investigation sensitively and through the use of our Antisocial Behaviour & Harassment procedure. The investigation will be carried out in a sensitive and discreet manner, and our actions guided based primarily by the safety needs of the victim(s). 

Enforcement action 

We will take the appropriate enforcement action on a case by case basis, whether that is a formal warning, or legal action against the tenancy or individual ‘non tenants’. Our Tenancy Agreement prohibits all members of the household from perpetrating acts of ASB, hate crime and/or harassing others. This provides Yorkshire Housing with the powers to use injunctions against those perpetrating these acts whether they are the tenant, family members or visitors to the property. It also allows Yorkshire Housing to evict perpetrators in serious cases. Some of the legal remedies we may use include (but are not limited to): Civil Injunctions (ASB, Crime & Policing Act 2014); Tenancy Injunctions; Exclusion Orders; Power of Arrest; and Possession (evictions). 

Under 18s 

Where the alleged perpetrators are children or young people we will involve parents and guardians to help resolve the problem, and may liaise with social services, schools, youth offending teams, and any other relevant bodies to ensure any necessary assessments are undertaken. We will take appropriate action in cases involving vulnerable under 18s according to our Safeguarding Children Policy. We may take legal action against perpetrators aged under 18 as permitted by the ASB, Crime and Policing Act 2014 through the Youth Courts. 

Non-tenants 

Yorkshire Housing has the power to obtain injunctions against those perpetrating ASB and harassment who are not our tenants. We reserve the right on a case by case basis to exercise this power to protect our tenants, their families and members of staff from continued harm. As with cases involving our own tenants we will work with the police and other partners in line with any information sharing agreements and protocols in place. 

Safeguarding 

All employees will consider whether there are any safeguarding implications for each case, and consider whether any children or vulnerable adults are at risk of harm or self neglect. If so, Section 1 of the Safeguarding System will be completed within 24 hours of receiving the information and the case allocated to a Designated Safeguarding Persons (DSP) who will ensure the necessary actions are taken.

Support for victims and witnesses 

We take the safety and perception of safety, of victims and witnesses seriously. Where appropriate we will work with partners to provide additional safety measures, including but not limited to: regular police patrols; visits by officers; provision of personal alarms; and direct weekly contact with the victim. We will consider the use of CCTV and other practical victim support measures.

Support for vulnerable residents

We will consider whether victims, witnesses or perpetrators have any support needs that may affect their case. We will be sensitive about allegations against those that already feel stigmatised or victimised. We will take appropriate action in these cases according to our Protection of Vulnerable Adult and Safeguarding Children policies.Where we are considering legal action against an individual for ASB or harassment, we will ensure we are not discriminating against that person because of a disability and remain complaint with the Equality Act 2010 by justifying such action as legitimate and proportionate.

Risk assessment 

We will carry out risk assessment protocols to ensure a consistent approach when offering support and practical safety measures to victims and/or when deciding if a referral to partner agencies is required.

Monitoring our service 

We collect data to show we meet our performance targets; that we do not discriminate against anyone in any individual case; to establish how satisfied victims are with the service and where we can make improvements.

Publicising our service

We use publicity to encourage victims and witnesses to report incidents of ASB and harassment and to raise awareness of how to report such incidents and what support is available to the victim. We also use publicity to deter perpetrators and to re-state the link between criminal behaviour and the risk of eviction. We do this in a number of ways:

• Leaflets
• Yorkshire Housing website
• Social media
• Local press and media stories

Data protection and confidentiality

We comply with the Data Protection Act 2018 that sets out requirements for ensuring data about individuals is properly protected, and only shared in a lawful way. Any information shared:
will be necessary, relevant and not excessive

• will be shared fairly and transparently
• will be accurate and up-to-date
• won’t be kept any longer than is necessary
• will be kept secure

Staff will at all times be vigilant to ensure that they maintain confidentiality, and do not give details of cases they are involved in or aware of to any person inappropriately. We will be sensitive to the effect that disclosure of identity to a perpetrator or any other party could have on a complainant. We will only disclose the complainant’s identity to the perpetrator and any other parties including doctors and teachers with their explicit and recorded permission.

Equality and diversity implications 

This policy will be used in conjunction with Yorkshire Housing’s Equality & Fairness Strategy. Yorkshire Housing treats all customers under this policy fairly and equitably regardless of age, gender, race, colour, religious belief, physical or mental disability, sexual orientation, culture, ability or lifestyle. Yorkshire Housing will widely publicise, in appropriate languages its policy and procedure relating to all forms of harassment and will ensure that where requested, interpretation and translation services are made available to victims of racial harassment. 

As a witness of antisocial behaviour and harassment you are playing a vital role in helping us protect your community and to improve the quality of life for all those who live, work and visit. This charter sets out our commitment to you going forward.Witnesses involved in giving evidence will receive our assistance and full support. We understand that reporting problems and giving evidence in court can be difficult decisions and that victims require specific support and guidance from us. This charter outlines our minimum service standards in supporting witnesses from the initial complaint to preparing a case and attending court. We will continue to support witnesses after legal action has been concluded. We understand that the needs of a witness will differ from person to person and we will ensure that the support we provide is tailored to meet an individual’s needs. When you are considering becoming a witness we will meet with you to discuss this Charter in detail, explaining the standards and the commitment it provides you, and we will be available to answer any questions you may have.

Reporting Incidents

• You can report an incident of antisocial behaviour in writing, in person, by telephoning us or someone can report it for you
• All your reports will be treated in strict confidence and never revealed to a third party without your knowledge and consent
• Your report will always be taken seriously and we will arrange for a Place Manager to speak to you in person within 5 working days
• We will ensure we listen carefully to your report and record it accurately
• Any urgent reports concerning violence, threats or serious property damage will be treated as top priority and we will interview you within 24 hours

Discretion and Confidentiality

• Yorkshire Housing will guarantee your anonymity up until you agree to become a formal witness.
• If you become a formal witness, the perpetrator will know your name and address and will eventually read your signed statement.
• If your case is very high risk you can give your evidence anonymously.
• We will be discreet when visiting your home or arrange to meet you elsewhere.
• We will not discuss your involvement in the case with any third party, unless you are happy for us to do so.

Progress of your case

• Once the investigation is underway, we will update you on progress at least once a week by telephone, email, text, visit or letter. We will explain clearly and carefully reasons behind all our decisions.
• We will ask you to complete written records of further incidents and we will help your keep excellent records. We will look after all evidence carefully and we will not pass on your information to a third party without your permission.
• If you report threats, violence or serious intimidation during the investigation we will investigate these immediately (no longer than 24hrs). We will discuss with you whether any additional support or security measures are needed.

Making a statement

• We will arrange to take your statement as soon as possible at a time and location convenient to you. We will ensure it is an accurate record and you are comfortable with what it says before you are asked to sign it.
• We will provide you with a copy of your signed statement.
• Your statement will not be used until you have checked, signed and agreed its use.

Taking legal action 

• Yorkshire Housing will not start legal proceedings against the perpetrator without your advance knowledge, and we will keep you informed at each stage of proceedings.
• We will discuss the proposed legal remedies with you and arrange for you to speak to our solicitor if you want.
• We will assess the risks you and your family face on a daily basis and respond if these escalate. If you need us we can keep in touch with you outside office hours. You will be given the direct telephone number of a person who can discuss the case with you

Preparing for Court

• We will ask you to advise us of any dates you will be unavailable and will liaise with the court to try and avoid such dates.
• Where possible we will give you advance notice of the hearing date and any changes to it, and we will try to ensure that you only attend court when you are needed to give evidence.
• We will help you with the practical arrangements for your attendance at court which may include providing transport and an escort to and from court.
• We will provide you with information about what happens at court and discuss any concerns you may have.
• Before any hearing, we will ask court officials to provide for any disability or medical condition that you may have.
• If you have any language or communication needs, we will organise an interpreter or signer for the hearing.

In the Court Building

• You will be able to bring someone to support you at court.
• The ASB and tenancy enforcement officer will accompany you at all times during and after the trial.
• You will have further opportunities to read your statement and to ask any questions from your ASB and tenancy enforcement officer or the solicitor.
• You will not be waiting in the same room as the perpetrators, or ever left alone in the court building. 
• We will ensure that the outcome of the hearing is fully explained to you before you leave the building.  

What outcomes are possible at Court? Injunctions – An injunction is an order from a court that tells someone to either stop doing a certain thing (like playing loud music) or to do a certain thing (like tidy their gardens). Breaking an injunction is a serious offence that can lead to a fine or prison. There are two types of injunctions:

• Tenancy Injunction
• Injunction to Prevent Nuisance and Annoyance(IPNA)

Undertakings – Sometimes the perpetrator can agree to give an undertaking rather than go through the full injunction procedure. This is a promise to the court to do a certain thing or not to do something. You won’t normally need to answer questions. Breaking an undertaking is as serious as breaking an injunction.

“Without Notice” – In cases of violence or threatened violence we can obtain an emergency injunction within a day and without the perpetrator having prior knowledge or “notice”

“With Notice” – This is the most common injunction we use. The perpetrator will receive all the evidence and will be given “notice” of the trial so he/she can defend themselves. The Injunction Order lasts for a specified time, usually 12 months.

Power of Arrest – Sometimes, if there is a real risk of harm to neighbours the judge will attach a power of arrest to the injunction. This allows the police to arrest the perpetrator on “reasonable suspicion” of breaching the Order. The police will then deliver the perpetrator in to court the following morning. If you have witnessed this incident, you will be required to attend in person as a witness.

Committal – Most injunctions work and the problems stop. However, if the perpetrator ignores an injunction or an undertaking they’re in contempt of court. This is a serious offence and Yorkshire Housing will need to return to the courts to seek a further trial which is called a committal hearing. The penalties for breaking an injunction are a fine, or prison sentence, or both. The evidence must be detailed and convincing. It is almost certain that if you have witnessed any breaches you will be needed to give evidence in front of the judge.

What other outcomes are possible at Court? Possession – We can ask the court to evict a tenant because of their antisocial behaviour or that of someone living with or visiting them. Such a case can last several days. You’ll almost certainly have to answer questions from the perpetrator’s solicitor. The judge may ask you questions too. The judge listens to the evidence and decides if the possession can go ahead. There are two possible outcomes:

• Immediate possession – the tenant has to move out within a certain time decided by the judge – usually no more than 28 days.
• Suspended possession – the judge sets a time period (usually two years) when the tenant must not repeat their behaviour. If they do, we can go back to court and ask for immediate possession.

After the trial

Yorkshire Housing understands that for some witnesses the case does not end with a trial, but only when the perpetrators have stopped their antisocial behaviour or harassment. We will continue our support, advice and our legal actions until the problems have stopped. We will keep in regular contact with you until the case can be formally closed.  

Words & phrases used in Court Affidavit – A written description of events that a witness must swear or affirm is true in court.

Affirm – Confirm the truth or something in court – a non-religious alternative to swearing an oath.

Barrister – A legal representative who is experienced in presenting or defending cases in front of the judge.

Claimant – The person or organisation bringing the legal case to Court (in this case it would be Yorkshire Housing)

Committal Hearing – A court case held to decide if the Defendant has ignored or broken a Court Order such as an injunction.

Contempt of Court or Disobeying the Court – Breaking a Court Order is a serious criminal offence. The judge can send the Defendant to prison for up to 5 years, or fine them, or both. It is also likely that the Association (Yorkshire Housing) will begin eviction proceedings as well.

County Court – The court where a civil case is heard. Most of Yorkshire Housing’s actions are in the County Court. The police often use the Magistrates Court for criminal cases.

Defendant – The person Yorkshire Housing is bringing the case against (usually the perpetrator).

Injunction – An order from a court that tells someone to stop doing a certain thing or to do a certain thing

Perpetrator – The person causing the antisocial behaviour or harassment.

Power of Arrest – The police are given the authority to arrest the Defendant if they “reasonably believe” the Court Order has been broken. The judge will grant such a power if there is significant risk of harm to others.

Solicitor – An experienced lawyer acting on behalf of Yorkshire Housing (Claimant) from the very beginning of the case.

Statement – A written record of events based on the incident diary that the witness signs as true. In Committal hearings, the witness will swear an affidavit in front of a court employee.

Suspended Sentence – A prison sentence that is only enforced if the perpetrator breaks a further court order within a time set by the judge.

Swear on Oath – Confirm the truth of something in court – done on a bible or other religious book.

Tenancy Agreement – The legal contract of rules between the landlord and a tenant.

Undertaking – A solemn promise made to the court by a perpetrator to do a certain thing, or not do something.  

Support for Victims & Witnesses We always treat your report as confidential. Many victims and witnesses feel too frightened and intimidated to report problems or to be witnesses in any legal action. This section sets out what you can do to overcome these fears and what support Yorkshire Housing can offer.

Close and Regular Contact – We will keep in touch with you at least every two weeks but more frequently if you need us to.

CCTV - We have a supply of different camera equipment that can be installed in your home to help protect property and monitor further incidents.

Out of Hours Service – We can provide witness support at weekends whereby our experienced members of staff can contact you by telephone at pre-arranged times to offer support and advice and to take details of any further incident.

Physical Security Measures – Victims and witnesses can have improved security for their property such as: extra locks fitted to doors and windows; a security light; letter box grill.

Going to Court – If you're acting as a witness, Yorkshire Housing will explain to you what will happen.  We will make sure you don’t have to share any waiting area with the perpetrators if you don’t feel comfortable with it

Injunctions – If the victim or witness is directly threatened or faces increased problems because of their help in the case, Yorkshire Housing will seek urgent Injunctions to prevent further incidents. These have been very successful in the past. 

What you can do 

• Report all serious incidents to Yorkshire Housing and the police immediately
• Keep good records when things happen, download the ASB App to upload recordings,videos and notes about what is happening.
• Talk with neighbours and other victims
• Tell us if you need extra support and seek help from health professionals if you feel that you need it
• Keep in touch with your place manager at Yorkshire Housing

When you report antisocial behaviour to us, we’ll ask you to gather evidence so we can progress your case. Sometimes this might involve taking pictures or filming from your phone so you must be mindful about why you’re doing it and what you do with that footage once you have it.

This guidance covers what’s appropriate and what your responsibilities are.

When someone’s accused of doing something, but it’s not been proved to be true.

When the police or local council get permission from a court to close down a property, while eviction proceedings are happening. This means nobody’s allowed to go into or live in the property, including the owner or tenant.

An order made by the court that tells someone to stop their antisocial behaviour. If the situation’s really urgent, an injunction can be put in place in a couple of days.  If the perpetrator ignores it they can be sent to prison for contempt of court.

The legal process that your landlord takes to remove you from your home.

A document that sets out clear expectations, rights and responsibilities for all residents.

When neighbours talk about their problems and work together to come to a solution.

They do this with the help of someone who’s trained in dealing with difficult discussions between two opposing sides.

These are issued by local councils, telling a person who’s causing a noise nuisance to stop.

Someone who commits an illegal or criminal act.

Similar to mediation but slightly different! In restorative justice one side’s accepted their behaviour’s been wrong, and both neighbours need to work out a way forward.

When someone living in a rented home breaks the rules of their tenancy agreement.

The people who deal with antisocial behaviour issues in rented homes.

A document that details evidence given by someone who’s witnessed an illegal or criminal act.