Neighbour nuisance...
Neighbour Nuisance can cause considerable misery and stress to residents and their families. Helena Partnerships is committed to resolving disputes quickly and fairly.
What is neighbour nuisance?
Neighbour nuisance can mean different things to different people. If the behaviour of others is affecting the quiet enjoyment of your home and neighbourhood then we can help.
This may be because of:
- Noise
- Verbal abuse.
- Harassment.
- Criminal behaviour.
- Cars & vehicles such as unsocial parking or repairs in the street
- Children & youths misbehaving.
Have you discussed the problem with your neighbour?
With all neighbour complaints we will ask you if you have discussed the problem with your neighbour. Very often making your neighbour aware of your concerns in a reasonable manner can resolve problems quickly. It is important to remember once the complaint is made to your neighbourhood office it can sometimes cause the problem to become worse before it gets better.
The tenancy agreement
All tenants have a Tenancy Agreement which is a contract between Helena Partnerships and the tenant. It has legal obligations on both sides. It is a breach of the Tenancy Agreement for a tenant, member of the tenant's family or visitors to cause damage or be a nuisance in their property or within the locality of the property. Within the Tenancy Agreement there is also a specific clause which prohibits the use or supply of any controlled drugs in the property specified in the Misuse of Drugs Act 1971.
How do you make a neighbour complaint?
What happens next?
A Neighbourhood Officer will visit or interview you within 7 working days of you making your complaint. We will discuss the complaint with you and ask for your consent before your neighbour is approached.
When both parties have had the opportunity to put their case forward the Neighbourhood Officer will advise you of the outcome in writing.
Continuing problems of neighbour nuisance
If the problems persist you will be asked to fill in an incident diary. In this diary you must record in full the details of the incidents, and the times they happened.
When legal action is taken
The most important factor is having enough evidence to go to Court to be able to prove the case. This means gathering information carefully and usually showing the problem has occurred over a period of time. It is likely that the person making the complaint will be required to attend Court and give evidence.
Supporting information
Neighbour nuisance can often be very complicated and it is important that as much information as possible is provided. We will, if appropriate and with your permission, contact:
- Other neighbours
- Police
- Local Authority Departments; Social Services, Education, Environmental Health etc
- Solicitors
- Doctors/Consultants
Anti-Nuisance team
Helena Partnerships has a specialised Anti-Nuisance Team that deals with serious anti-social behaviour e.g. drugs, violence etc. Referrals are made via the neighbourhood office, if appropriate.
What legal remedies are available?
Basically there are three legal remedies.
- Possession Proceedings - the Court orders possession of the property and the tenant may be evicted. This can be quite lengthy, particularly if defended and may require a number of Court hearings.
- Injunctions - the Court issues an injunction which can order actions to stop and in some cases a power of arrest can be attached which can result in imprisonment. These can be obtained more quickly, in some cases 24 hours for serious issues and about 4 weeks for less serious causes.
- Anti-social behaviour order - the Court grants an Anti-Social Behaviour Order which orders such behaviour to stop. A breach of an order is a criminal offence and may result in a term of imprisonment.
Partnership with the police
The Police are fully committed to our approach on tackling neighbour nuisance. They understand the methods we use in dealing with these problems. In certain situations they will provide information on incidents and in more serious cases assist in providing statements for legal action.
Partnership with other agencies
We work in partnership with the relevant departments of St Helens Council e.g. Education, Social Services, Environmental Health and also with other Housing Associations.
Can any other action be taken?
This will obviously depend on the circumstances but other legal remedies are available via St Helens Council and the Police to deal with:
- Dog nuisance
- Noise pollution
- Litter
- Filthy or verminous premises
- Children not under parental control
- Abandoned vehicles
- Commercial repair of vehicles in domestic premises
- Malicious telephone calls
- Protection from harassment
Contact your neighbourhood team
- If you need to speak to someone about neighbour nuisance or anti-social behaviour contact One Call on 01744 637383 or your local neighbourhood office.
Click here to find out how to contact our local neighbourhood offices>
Click here to report anti-social behaviour online>
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