(ASB) and hate
This leaflet tells
you what to do if
behaviour or hate
THIS LEAFLET DOES NOT FORM PART OF YOUR
TENANCY TERMS AND CONDITIONS
and hate crimes/
We know anti-social behaviour can cause real misery for residents,
their families and communities. As your landlord, we will take all
reports of anti-social behaviour seriously and deal efficiently and
effectively with those responsible.
What is anti-social behaviour?
There are many different definitions of anti-social behaviour. The
definition we use is taken from the Crime and Disorder Act (1998)
which defines anti-social behaviour as acting in a manner:
‘That caused or was likely to cause harassment, alarm or distress to
one or more persons not of the same household as the complaint’
Anti-social behaviour can vary in severity and can take many forms
• Domestic violence
• Hate related incidents (such as harassment based on race or
• Verbal abuse/intimidation/harassment
• Physical violence
• Criminal activity
• Drug dealing/alcohol related problems
• Vandalism of property
• Nuisance from animals/vehicles
• Fly tipping/litter problems misuse of communal areas
What is not anti-social behaviour?
We do not usually consider everyday living noises to be anti-social
behaviour. Such noises include:
• Noise from toilet use
• Noise from people walking in adjoining properties
• Noise from conversations in adjoining properties
• Children playing during daytime hours
• Noise from washing laundry or dishes in adjoining properties
• Noise from closing doors or cupboards
What is a hate crime/incident?
A hate crime/incident is any crime, incident or series of incidents
intended or likely to intimidate, offend or harm an individual or
group because of their ethnic origin, colour, race, religion, nationality,
sexuality, gender, disability or age.
The law states “any incident which is perceived to be a hate crime
by the victim or any other person”. This means that if you witness an
incident and believe it to be a hate crime, we will investigate it as
one even if you’re not directly affected.
How do you decide when a hate crime/ incident has
If the victim or any other person thinks an incident is hate based,
we will deal with it through our hate crimes/incidents policy and
How quickly will my report of a hate crime incident
be dealt with?
We condemn all forms of hate crimes/incidents and will respond to
all reports within 24 hours.
What assistance can you give me?
If you feel you have been the victim of anti-social behaviour or a
hate crime/incident, we can offer:
Advice: Every case is different so we will tell you the options
available to you and work with you to stop the problems.
Confidentiality: We will not give information you tell us to anyone
else without your permission. However, we may do so if we believe
passing on the information is likely to prevent loss of life, serious injury
or risk to health; it may prevent or assist with detecting a crime or
where we have a legal obligation to provide the information
Support: We can offer you help and support and also put you in
touch with other specialist support groups
Action: There are a range of actions we can take against the
person or group causing the anti-social behaviour
When can you get involved?
We can become involved when:
• One of our residents is suffering anti-social behaviour
• One of our residents is causing anti-social behaviour
• A resident or visitor (including children) to one of our properties is
causing anti-social behaviour
Our tenancy agreement makes it clear that residents are
responsible for making sure that they or their visitors do not cause
anti-social behaviour whilst at the home address or in the local
area. The tenancy agreement provides a clear contract with each
resident that can be enforced through court action if necessary.
I’m suffering from anti-social behaviour, what should
If you know who is causing the problem and feel safe to do so, try to
talk to them, as this can often resolve neighbour disputes at an early
stage. If you would like some guidance on how to discuss a problem
with a neighbour please contact us.
If you have already tried or do not feel safe talking to them or do
not know who is causing the problem you should report it to us.
What happens when I report the problem?
We will ask you questions to help us get a clear idea of the problem.
We deal with the most serious issues first, so it is important to give us
as much detail as possible. You should always contact the Police first
if you have been harassed, threatened with violence, assaulted or if
another crime has been committed.
When you first report anti-social behaviour, we will create a case
on our anti-social behaviour database for investigation. Each case
is given a unique case number that you should refer to if you need
to contact us. The case will be given a priority category of 1, 2 or 3,
depending upon the seriousness of the incident reported, and this
will determine how quickly you can expect a response from us. The
following table gives examples of each priority category.
cases with this
All hate crimes and
cases where there is
actual or threatened
nuisance cases such
as drug dealing
Complaints of pet
Within one working
day of initial report
Within three working
days of the initial
Within five working
days of the initial
Your housing or anti-social behaviour officer (referred to as ‘the
officer’ in this leaflet) will then investigate the anti-social behaviour
you have reported. This could mean calling you back and talking
through the situation or with more serious problems, arranging to
meet with you. You can bring a friend or relative with you if you want
to and we can arrange an interpreter if you need one.
The officer will find out as much as possible about the anti-social
behaviour. They will ask you about what has happened recently
and whether it has happened in the past. If you can remember
dates and times, this is very useful. Without this information it can be
more difficult for us to act.
Questions we may ask are:
• What is the problem?
• Who is affected by it?
• How are they affected?
• Where, why and when does it happen?
• Have you told any other organisations such as the Police?
• Who else has seen it happen?
• What would you like us to do to help you resolve the problem?
Our employees are trained to be supportive, understanding and
remain impartial until there is clear and strong evidence to take
What else will the officer do?
The officer will agree with you an action plan of what will happen
next. We will confirm this plan in writing to you.
The plan could include us:
• Contacting other witnesses
• Interviewing the person who we think is causing the anti-social
• Contacting other organisations such as the Police or the local
authority noise team
• Taking legal action immediately where this is appropriate. This
will only happen in extremely serious cases where there is strong
evidence to support such action
• Taking other non-legal steps to stop the anti-social behaviour such
as acceptable behaviour contracts
Alternatively, the plan could include you:
• Agreeing to take part in mediation. Mediation is an independent
service that aims to sort out disagreements between people
• Being asked to fill in diary sheets when the anti-social behaviour
happens. This is very important in collecting evidence of what is
• Arranging for support for either yourself or the person reported as
causing the problems
The action plan will also detail how you can get in touch with your
officer and when they will give you an update of progress or to see
how things are with you.
If you do not want us to contact anyone who could be a witness
or speak to the person causing the anti-social behaviour, we will
respect your decision. This will limit the action we can take to stop
the anti-social behaviour that is affecting you.
What can you do to stop anti-social behaviour?
We tackle anti-social behaviour in many different ways. We will try
to work with you and other organisations to solve the problem. In
most cases, we will seek to solve the problems whilst you remain in
your existing home. Sometimes we may need to take legal action,
although this is usually a last resort as we try to stop the anti-social
behaviour without the need for legal proceedings.
After your officer has investigated your report, they will contact
you to discuss options for further action. The options available will
depend on the type of anti-social behaviour, how serious it is and
how much evidence there is. The aim is for us to agree with you
what we can do next.
Here are some of the things we can do to tackle antisocial
Your officer can talk through the problem with the people involved.
Often, telling the resident that someone has complained and
warning them about what might happen if the problem continues,
is enough to calm the situation down.
Your officer will not take sides when they look into allegations of antisocial
behaviour. They will always listen to all the people involved in
the situation before coming to a conclusion.
We can use mediation to solve a wide range of disagreements with
your neighbours. Mediation does not focus on who is right or wrong,
but gets everyone involved to agree a solution together. We can
use it to solve fairly simple disagreements with your neighbours or
even quite serious harassment if both sides are willing to take part.
For more information on mediation, please contact us.
3.Acceptable behaviour contracts (ABC)
These are used when we get the people causing the problems,
often children and their families, to recognise the problem and sign
an agreement about how they will behave in the future.
This is a voluntary agreement or code of behaviour that residents on
estates or in a block of flats agree to and sign. We can draw up the
agreement when we open a new scheme or as a result of ongoing
anti-social behaviour. For it to work we need to consult with all the
residents and the majority have to agree some ground rules to stick
What about legal action?
The type of legal action we take depends on the severity of
the anti-social behaviour that has occurred. We will usually start
possession action when other legal action already started has not
stopped the anti-social behaviour. Below are the main types of legal
action we can take:
An injunction is a court order that prevents someone from doing
something, or makes someone do something. An Injunction can also
exclude someone from a property or an area. We can apply for an
injunction at court.
Injunctions set a clear standard of behaviour for the person causing
the nuisance and protect others straight away. They can stop the
person causing nuisance or annoyance or entering certain buildings
or areas, and sometimes can include a power of arrest. Breach of
an injunction can either carry a heavy fine or a prison sentence.
4.Anti-social behaviour orders
Along with the Police and local authorities, we can apply for antisocial
behaviour orders (ASBOs). Local agencies such as the Police,
education, social services and housing associations can work
together to provide evidence of anti-social behaviour and apply for
a court order. The court can make an anti-social behaviour order
against anyone aged over ten. The ASBO could order someone to
keep out of a neighbourhood. If they did not do this, they could be
arrested and imprisoned up to a maximum of five years.
We can apply to court for an order to ‘demote’ a tenancy if the
resident has caused anti-social behaviour. This means that the
person’s tenancy will become an assured shorthold tenancy for a
period of 12 months. This gives the resident fewer rights and means
that if they continue to cause anti-social behaviour we could seek
possession of the property without the need to go back to court, just
by serving the relevant documents.
This is when we go to the County Court to try and evict the resident
who is causing the problem from our property. If we take a case
to court, we have to have clear, detailed written evidence about
the anti-social behaviour. People who witnessed the nuisance
have to sign statements and answer questions in court about their
evidence. The judge would decide what order to grant us based
on the evidence heard. There are two main things the judge has to
• Are they satisfied the nuisance took place?
• Is it reasonable to grant an order?
If both of these factors are satisfied a judge can grant the following:
Outright possession order (OPO)
An outright order grants possession to the landlord after a
specified period. This is usually 28 days but can be quicker if the
cause is serious.
Postponed possession order (PPO)
A postponed possession order allows the tenant to stay in their
house as long as they stick to certain terms and do not cause any
further anti-social behaviour.
Suspended possession order (SPO)
Possession is granted by the court but the eviction is suspended for
a fixed period. Should any further incidents take place in this period
an eviction warrant can be applied for.
What if I don’t agree with what the officer suggests?
Your officer will explain what we have decided to do and why.
We have to look at all complaints of anti-social behaviour without
taking sides. For example, you may feel that we should take legal
action straight away, but we have to look at what evidence there is,
decide if legal action is appropriate and look at what chance there
is of the case being successful.
If we do need to take legal action, the courts often view cases
more favourably when we can show we have tried to solve the
problem in other ways first. Of course, we will need to take legal
action immediately in some cases, but these are rare.
If you still do not agree with how we are dealing with your problem,
you may be able to make a complaint using our complaints
process. You can also get independent legal advice.
Who else can I contact about anti-social behaviour?
Under the Environmental Protection Act, local authority
environmental health sections can take action about problems like
dumping rubbish, sewage and animal smells, with the most common
problem they get involved with being noise. They can warn people
and serve abatement orders on them to try and stop them causing
a nuisance. Abatement orders are legal orders to stop someone
from doing something. We can use this as evidence if we decide
to take legal action. You can also take legal action yourself. For
more information about this, please contact your local council’s
environmental health department.
Under The Protection from Harassment Act 1997, the Police can
prosecute people. For more details about this, please contact your
local Police station. In serious cases of anti-social behaviour, you
should always contact the Police first.
When will my anti-social behaviour case be closed?
When the anti-social behaviour has stopped, we will discuss closing
your case with you. After we have closed your case, we will ask you
to complete a satisfaction survey to get your views on how we dealt
with the problem. We use the results of this survey to assess overall
satisfaction with our anti-social behaviour service and identify ways
it can be improved.
In addition, there are certain other situations where we will close an
anti-social behaviour case. These are:
• Where we have found no evidence of anti-social behaviour
• When a person wants no further action taken
• Where a person has not helped as agreed, making it impossible to
take further action
Help and advice
If you have any questions, need help understanding this information
or want it in another format for example, in large print or on audio
tape, please contact your local or regional office. Our anti-social
behaviour policy and procedure are available to all residents, if you
would like a copy please contact us. Full details can be found in our
‘How to contact us’ leaflet or on our website viridianhousing.org.uk
تعلمك هذه الكراسة ما يلزم أن تقوم بعمله إذا آنت تعاني من السلوك المنافي للعرف الاجتماعي أو من أحداث/ جرائم تتعلق
بالكراهية. إذا أردت نسخة من هذه الكراسة بلغتك الخاصة، يرجى الاتصال بمكتبك المحلي أو الإقليمي.
دا معلوماتپاڼه وايي چې که له ټولنيز ضد چلند يا د کرکې يا جنايي پېښو سره مخامخ شئ، څه بايد وکړئ. که
غواړئ چې د دغې معلوماتپاڼې يو نقل يې پر خپله ژبه تر لاسه کړئ ل ط ف اً له خپل ځايي يا سيمه ييز دفتر
سره تماس ونيسئ
Niniejsza ulotka zawiera informacje na temat sposobu postępowania w przypadku, gdy
zetkną się Państwo z przejawami zachowania antyspołecznego lub incydentów/przestępstw
na tle nienawiści. Jeżeli chcieliby Państwo otrzymać tą ulotkę w języku polskim, prosimy o
kontakt z lokalnym lub regionalnym biurem.
В данной листовке рассказывается, что делать, если вы сталкиваетесь с
антиобщественным поведением или случаями преступной нетерпимости. Если вы
хотите получить копию этой листовки на вашем родном языке, обратитесь в местную
или региональную администрацию.
Waxuu buugyarahani kuu sheegayaa waxa aad samayn karto haddii aad la kulanto akhlaaq
bulshada u daran (anti-social behaviour) ama dembiyo/dhacdooyin neceyb ah. Haddii aad
rabto in aad buugyarahan ka hesho nuqul ku qoran luqaddaada gaarka ah fadlan la xiriir
xafiiska xaafaddaada ama gobolka.
Este folleto le indica qué hacer si usted es víctima de comportamiento antisocial o delitos o
incidentes debidos al odio. Si usted desea recibir un ejemplar de este formulario en su
propio idioma, sírvase comunicarse con su oficina local o regionaI.
Bu yaprakçk anti-sosyal davranş ya da nefret suçlar/olaylar ile karşlaşmanz durumunda
neler yapmanz gerektiğini anlatmaktadr. Eğer bu yaprakçğn kendi dilinizde olan bir
kopyasn arzu ediyorsanz, lütfen yerel ya da bölge ofisiniz ile temasa geçiniz.
This information has been checked by residents April 2010
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