Legal action
The council has five legal options which are outlined below:
Possesion order
Forfeiture of lease
injunctions
Anti-social behaviour
Noise abatement
Possesion order against a tenant
The council can apply for an order for possession, after first having served a notice on the tenant, This will be used in serious cases of anti-social behaviour such as racial, sexual and other forms of harassment, persistent excessive noise, threatening or violent behaviour.
- It needs a high level of supporting evidence.
- The process may be lengthy and usually involves at least two hearings.
- You and anyone else providing evidence are likely to appear in court.
- The person may be evicted from their home if the case is proven.
Forfeiture of lease and possesion order against leaseholders
This action is similar to that of a possession order for a tenant above. However, as well as being evicted from the property, the leaseholder will also lose equity in the property they have bought.
Injunction against a tenant or leaseholder
This can be obtained from the court more quickly than a possession order, often in 24 hours in serious cases of nuisance or harassment. In less serious cases it takes about four weeks. It is intended to make your neighbour stop doing something e.g. playing music loudly, or make them do something e.g. clear all the rubbish from their garden. Proceedings will not however, result in the person losing their home.
- Part of the injunction can order your neighbour not to approach you or speak to you. If your neighbour breaks the injunction it it treated as contempt of court and could lead to a fine or imprisonment.
- If you provide evidence you are likely to have to attend court.
An injunction can be used in conjunction with a possession order in order to prevent the anti-social behaviour and protect the witness and complainants whilst awaiting a possession hearing.
Anti-social behaviour order
This measure came into affect in 1999 to combat threatening and disruptive anti-social behaviour which causes people harassment, alarm and distress. The council of the police can apply for an order to the magistrates to protect people in the community from anti-social acts. An order can be obtained against any person over the age of 10. He or she does not have to be either a tenant or leaseholder or even have to live in a council property.
- The order will prevent the offended carrying out the anti-social behaviour.
- If the offender breaches the order, a criminal offence is committed which is subject to a maximum penalty of five years imprisonment or a fine.
- If you supply evidence you may be required to attend the court proceedings when an application for an order is being made.
Noise abatement notice
A noise abatement notice against a tenant or leaseholder and/or other occupants is a quick relatively simple process.
If a noise is harmful to health and is a statutory nuisance, the council must serve an 'abatement notice' on the person
making the noise.
If you complain to the council, it can often respond by getting the council's patrol service to witness the noise. If Carey Gardens as the estate manager is satisfied that it is a statutory nuisance, a noise abatement order can then be served on the person responsible for making the noise. Often this action is sufficient to stop the noise occurring in the future.
If the noise recurs, the council can prosecute. The person responsible may then face a fine from the magistrates court.
Should there be sufficient evidence from the patrol service or any other source it is unlikely that you will be required to attend court. If, on the other hand, you or your neighbours are the only people who have the evidence, you will be asked to attend court.
Abatement notices for non-council privately owned property and for other forms of nuisance including smoke, fumes, dust and accumulation of rubbish, are dealt with by the environmental services division of the council.
Telephone 020 8871 6170.
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