Problems with neighbours can cover a wide range of situations,
from playing loud music and rubbish dumping in communal areas to
violent and abusive behaviour.
This information explains about the type of problems
We expect you to try to sort out yourself those that are best
dealt with by other agencies and ways in which we can help.
If you are suffering from harassment that is deliberate
behaviour intended to intimidate, dominate or harm especially if
you feel it has an underlying
racial, sexual or
anti-disability motive, then you should contact your
Housing Management Officer
immediately.
We have a Good
Neighbour Charter which all tenants are invited to sign. It
gives advice on what you can do to help promote a peaceful life for
everyone. On some of our developments, residents have signed a
'Mutual Aid' compact agreeing to provide support and assistance to
their neighbours.
Trying to solve the problem yourself
Most problems with neighbours can best be settled by talking and
explaining politely that their behaviour is causing you a problem.
When you approach your neighbour it is important to stay calm and
not get involved in an argument. If things get heated, it's best to
walk away.
Collecting evidence
As well as approaching your neighbour you should start to
collect evidence. This will be useful if you want to take further
action yourself or if we are able to take action. You will need to
record the type of problem, if anyone else witnessed it, the time
and date it occurred; how long it lasts and how the incident has
affected you. Ask your Housing Management
Officer to give you a diary sheet to use. If you think other
neighbours are being affected by the problem, you may want to
approach them and see if they are willing to fill in diary sheets
as well.
Contacting other agencies
We will always work in partnership with you to try to resolve a
neighbour problem. However, if trying to sort out the problem
informally with your neighbours has not worked, you could try
taking action yourself involving other agencies.
The following are common problem areas and the agencies to
contact.
Noise problems
Recurring noise problems are best dealt with by the local
authority's environmental health service. They will advise you what
action is possible.
Dog problems
Dog owners have a duty to keep their dog properly controlled and
make sure it does not cause a nuisance. Dangerous dogs should be
reported to the police. You should contact the local authority's
dog warden service for problems about stray dogs or dog
fouling.
Children
There is little that can be done about babies crying and
children playing except to talk to their parents. If children cause
damage to property or are involved in other illegal activities such
as drug abuse and joyriding, then you should contact the
police.
Abandoned vehicles
You should contact
your local
authority, which has the power to remove unlawfully abandoned
vehicles if they are on the public road. If the vehicle is
abandoned on our land, you should contact us and we will make
arrangements for its removal.
If you are thinking about taking your own legal action you
should get advice from a
law centre,
Citizen Advice Bureau or solicitor.
How we can help
We recognise that some problems between neighbours can be
distressing. We do expect you to approach your neighbour first
before coming to us. If you have tried this, or if the problem is
serious and you do not want to contact your neighbour directly,
then you should contact us. We will always work in partnership with
you to try to resolve a neighbour problem.
We will discuss possible options with you including:
The use of an independent mediation service
Both you and your neighbour would need
to agree to this. You may also wish to contact a local mediation
service to discuss your difficulties. They may be able to help you
negotiate a solution with your neighbour. Face to Face Mediation is
based in York and can be contacted on 01904 553838.
By completing diary sheets or us interviewing other neighbours
affected by the problem.
We will not take any action without your agreement. We will keep
full written records about the case. Rarely there may be a threat
of violence, abuse or other retribution against someone who has
complained. If you or the Trust feel that this is a real
possibility, we will do all we can to ensure that your anonymity is
maintained and your security protected.
If we don't think we can help by taking any action, we will
explain this to you. If you are not happy with this decision, you
can use our complaints procedure.
Our legal powers to deal with nuisance
We have three legal options:
- apply for an injunction against your neighbour to stop them
causing a nuisance
- apply for a possession order (eviction) against your
neighbour
Work with the local authority and the police to take action
under the Crime and Disorder Act 1998. This could include getting
an Anti-Social Behaviour Order.
If we apply to the court for an injunction or a possession order
or if action is taken under the Crime and Disorder Act, then we
have to prove two things:
- that nuisance is taking place and
- that it is serious enough for an injunction, a possession order
or an Anti- Social Behaviour Order to be granted.
We will need a lot of supporting evidence and witnesses prepared
to appear in court. This may mean that you and/or other neighbours
will need to appear as witnesses. However, it is possible to rely
on evidence from 'professional witnesses', from members of staff
or other agencies.