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Action we can take

If you are suffering from any kind of anti-social behaviour, we will try to help you.

There are a number of things we can do and we will discuss them with you.

The action we take will depend on how serious the situation or problem is. We may not be able to take legal action if we don't have enough evidence to present in court.

Where legal enforcement action is required, we will commission the Community Protection team to work with us. Members of Community Protection team have specialist knowledge, skills and experience in gathering evidence and are familiar with a range of enforcement options.

Mediation

This is a free, impartial, service provided by Nottingham Mediation Service (NMS) to help you to sort conflicts. If you agree to this, we will make refer you to NMS or you can contact them at any time yourself.

Verbal and written warnings

If we have enough evidence, we will warn tenants that their actions are breaking the tenancy conditions. This stage gives the person causing the nuisance a chance to change their behaviour. If the problems continue and the complaint moves on to court action, serving a warning shows that we have taken reasonable steps to attempt to resolve the problem.

Acceptable Behaviour Contracts (ABCs)

These are usually used to stop anti-social behaviour from children and young people but can be used against adults. An ABC is not an admission of guilt. It is a contract that sets out the behaviour that is unacceptable. It is often used together with other types of support to help the person change their behaviour. An ABC usually lasts for six months. If the anti-social behaviour continues we may apply for an Anti-social Behaviour Order (ASBO).

Parenting Contracts

These are used with parents/guardians of children who are behaving anti-socially and usually used together with an Acceptable Behaviour Contract. It sets out the action that is needed from the parent/guardian of the child to stop them from acting in an anti-social way.

Anti-social Behaviour Orders (ASBOs)

An ASBO is an order made by the court and can be made against anyone aged 10 or over. Breaching an ASBO is a criminal offence and can result in a fine, and/or prison sentence of up to five (5) years. An ASBO will last for a specified time or can last for life.

Injunctions

These are orders made by the court. They make someone do something or stop doing something. We can ask for an injunction to make a council tenant keep to their tenancy conditions. We can also sometimes ask for injunction against someone who is not a council tenant. They can only be used against someone who is aged over 18. Breaking the terms of an injunction can result in a prison sentence.

They are used for general breaches of tenancy where we would not want to evict. For example, if a tenant has an overgrown garden and refuses to tidy it we would ask for an injunction to force the tenant to maintain their garden and keep to their tenancy terms.

Injunctions are also used where there is an urgent need to protect someone from violence or threats of violence. We would ask for the person to be arrested if they break the injunction order.

Tenancy Notices

These are the legal notices that start possession proceedings which could end in eviction.

Possession Proceedings

As a last resort we may need to ask the court to evict someone from their home. To do this we have to prove they have broken their tenancy conditions and that it is reasonable to evict them. In some cases the courts may grant a postponed or suspended possession order. This means that a person can stay in their home as long as they comply with certain conditions, such as not causing any more anti-social behaviour.

Introductory tenancies

New tenants are given an introductory tenancy which lasts for 12 months. An introductory tenant does not have the same rights as a secure tenant.

If an introductory tenant (or a member of their family or visitors) has caused anti-social behaviour we may chose to extend the introductory period by six months to allow the tenant to change their behaviour. In serious cases, we will start possession proceedings which are much simpler and quicker than they are for a secure tenant. Although an introductory tenant has the right to appeal, they do not have the opportunity to provide a defence at court.

More information is in the section on tenancies.

Demoted tenancies

We can ask the courts to ‘demote’ secure council tenants who have caused anti-social behaviour. This means they lose the rights as a secure tenant (including the right to buy their home) for a period of 12 months. If there is further anti-social behaviour or breach of their tenancy conditions, we can apply to the courts for a possession order to evict them.

More information is in the section on tenancies.

Suspending an application to buy or lease a council home

We can ask the courts to suspend a right to buy application for up to 12 months where someone is causing serious anti-social behaviour.