Enforcement

For Council tenants, the Council, as the landlord, collates evidence and resolve issues associated with anti-social behaviour incidents.

By working with you and/or the person causing the disturbance, we hope we can resolve some issues by taking positive action, for example, through mediation and Acceptable Behaviour Orders.

If these resolutions are unsuitable, or fail to resolve the issue, the Council may choose to take action against a tenant.

There are a variety of different ways the Council may enforce action against anti-social behaviour.

Anti-Social Behaviour Orders (ASBOs)

An ASBO is an order from the Court and can be used against anyone over 10 years old. Breaching an ASBO is a criminal offence which can result in a fine or prison sentence or both. An ASBO lasts for a minimum of two years and can last for life.

Injunctions

An injunction is an order obtained from the Court, which makes somebody do something or stop doing something. It can be used to ensure a council tenant complies with their tenancy conditions and is used against people over 18 years old. Breaching an injunction could result in imprisonment.

Statutory Notices

The Neighbourhood Enforcement Team investigate certain types of nuisance and anti-social behaviour, for example, noise, smoke, animals, rubbish accumulation, pest infestations and filthy premises. They have the power to serve statutory notices requiring that the behaviour or nuisance stopped and does not occur or recur within a specified time period. The notice may specify works to achieve this, and failure to comply is likely to result in legal action.

Fixed Penalty Notices

The Enviro-Crime Team enforces legislation related to anti-social behaviour issues such as fly-tipping, litter, graffiti and dog fouling. The principal sanction used by the team is fixed penalty notices.

Notice of Proceedings for Possession (NPP)

This is a legal notice served on an introductory tenant to start possession proceedings. For the first 12 months - longer if deemed necessary - a new tenant is classed as an introductory tenant. An introductory tenant has fewer rights than when they become a secure tenant and can be more easily evicted for anti-social behaviour. Once the matter reaches the Court, the Judge has no discretion if the matter concerns an introductory tenant and has to order an eviction.

Notice of Seeking Possession (NSP)

This is a legal notice served on a secure tenant to start possession proceedings. A secure tenant has more rights and the action being taken has to be deemed reasonable by the Court and, in some cases, alternative accommodation provided.

Possession Order

If a Council tenant or anyone else who lives at or visits the property commits anti-social behaviour in the properties locality, this will be a breach of the tenancy agreement. In cases of serious or persistent anti-social behaviour, the Council can apply to the County Court for a possession order. The Court may grant the possession order, so that the tenant and anyone else living at the property must leave the property by a certain date (e.g. 14 days from the date the order is made) and find somewhere else to live.

Alternatively, the Court can make what is known as a postponed possession order.  This order allows the tenant and other residents to continue living at the property, but only if they comply with the conditions set out in the order (e.g. not to cause a nuisance, annoyance or disturbance to any other person who is in the locality of the property).  If the conditions in the postponed possession order are not complied with, then the Council can ask the court to make a new order to require the tenant and other residents to leave the property. If the tenant or anyone else living at the property does not leave the property as required by the Court order, then the County Court bailiffs can remove anyone from the property.

Demoted Tenancies

A Demotion Order can be served by the Court against a secure tenant and lasts for one year. During this time the tenant must abide by the terms and conditions of the tenancy agreement or face further action including the loss of his or her home. The order means swift action can be taken to evict a tenant if the problem persists. The tenant also loses the Right to Buy and the right to exchange or transfer tenancies.

Suspending an application to buy a council house

If someone is causing problems through anti-social behaviour and applies to buy their home, we can apply to the Court to suspend their right to buy for 12 months.

Rehabilitation

Where enforcement action has been taken to deal with anti-social behaviour consideration will be given to any necessary rehabilitation work for the perpetrator. The Council will work with other agencies to ensure that appropriate rehabilitation services are offered to the perpetrators of anti-social behaviour. This could include;

• Referrals to the Drug Action Team
• Rotherham Community Alcohol Service
• Mental Health Team
• Youth Services
• Youth Offending Services
• Adult and Children Social Services
• Youth Liaison Officer

As a victim of anti-social behaviour, you will be assured of the actions being taken, but expectations relating to the outcome will not be raised until a case has been fully investigated.

Last update: 22/09/2011