A form signed by the tenant acknowledging that they have breached their tenancy agreement. The form is signed at interview and advice is given as to what the breaches are, what the tenant must do to remedy the breach and what the Council can do should the behaviour continue. The tenant is also advised that should they be evicted for their behaviour then they would be classed as intentionally homeless and to that end the Council would have no duty to re-house.
An undertaking is a signed promise by the tenant that they will comply with certain conditions of behaviour. An undertaking is used for more serious breaches of the tenancy agreement (this means when we have obtained recorded evidence of noise nuisance and we want the tenant to amend their behaviour otherwise legal action will take place).
An Injunction is a civil court order that forbids a person from specific acts, for example causing anti-social behaviour relating to housing and for nuisance or harassment. In serious cases it can carry the power of arrest and the terms can include excluding a person from a property or area. If breached it is a criminal offence and may result in imprisonment. An Injunction carries a maximum sentence of 2 years imprisonment if breached. An Injunction can only be applied for against individuals over 18 years of age. Injunctions are quick to obtain. The civil (balance of probabilities) and not criminal (beyond reasonable doubt) rules of evidence apply to Injunctions. This means that they require a lesser burden of proof that a criminal prosecution, which may lead to a more certain outcome. They are aimed at stopping the anti-social behaviour rather than punishing the perpetrator.
An introductory tenancy is the initial 12-month period of a secure contract. The introductory tenant is not subject to the same tenancy security as a secure tenant meaning that a breach of tenancy can result in mandatory possession being granted. Also, introductory tenants do not have the right to buy their property. In certain circumstances it maybe necessary to extend the introductory tenancy to inhibit an anti-social tenant from obtaining security of tenure with a secure tenancy and therefore makes it easier to gain possession when and if required.
Chapter 1 of Part 5 of the Housing Act 1996 allows local housing authorities to adopt an Introductory Tenancy scheme for all new tenants. Introductory Tenants are essentially on probation and the landlord can evict them fairly easily during the probationary period. They do not have as many rights as Secure Tenants. If a landlord decides to seek possession there is no requirement for them to demonstrate to the Court any of the grounds for possession. NPP are served and at the possession hearing, the courts only consider whether the appropriate procedure was followed, and do not consider the facts on which the landlord’s decision was based, or the merits of its decision. Where the Court is satisfied that the correct procedure was followed a possession order must be granted. The procedure does, however, include a statutory right to an internal review of the landlord’s decision to seek possession. The review must be conducted fairly and in accordance with the Introductory Tenants (Review) Regulations 1997.
A Notice of Intention to Seek Possession is a legal notice served on the tenant by the landlord notifying of the intension to take eviction proceedings. Once the NSP is served, it remains valid for a period of 12 months and the landlord can seek possession at any time within this period.
County Court Orders for a Demotion Order against a Secure Tenancy. Once the Court orders a demotion, the Council is granted the power to terminate a Secure Tenancy and substitute it for a Demoted Tenancy. Where a Demotion has been granted and the tenant or a person residing in or visiting the dwelling house goes on to engage or threatens to engage in anti-social behaviour an outright possession of the property can be applied for. If a Secure Tenancy is terminated and substituted with a Demoted Tenancy, this removes the tenants right to buy and security of tenure for a period of one year. Should problems continue to persist the Council may serve a Notice of Intention to Proceed for Possession of the tenancy.
A court order that may lead to the eviction of a tenant if it is shown that they are guilty of anti-social behaviour. The court will give the landlord possession of the property after a specified period of time, usually 28 days but this can be less. The court may suspend the Possession Order. This means that the tenant will not be evicted. For example, if they comply with the terms of the tenancy and do not carry out anti-social acts. In cases where the anti-social behaviour continue and the conditions of the postponement are not adhered to the landlord may return to the court to apply for a Warrant of Eviction.
An Acceptable Behaviour Contract (abbreviated to ABC but sometimes referred to as an Acceptable Behaviour Agreement) is a voluntary agreement between a person who has been involved in anti-social behaviour and their landlord, or other agency involved in preventing anti-social behaviour. ABC’s can be used on adults and individuals under 18 years but not under 10 years. The written agreement sets out the types of behaviour that will not be tolerated and warns the perpetrator of the consequences if their behaviour continues. They are generally used to manage behaviour over a six month period, although they can be used for longer periods.
An Anti-Social Behaviour Order (ASBO) is a civil order made by a court which sets out specific terms and conditions that prohibit an individual from engaging in further incidents of anti-social behaviour or undertaking specific activities in their local area. An interim ASBO with or without notice can be obtained, pending a full hearing, to determine whether a full ASBO should be granted. A full ASBO lasts for a minimum period of 2 years. Breaching an interim or full ASBO is a criminal offence. They can be obtained against any person 10 years and above who has acted in an anti-social manner.
In addition to full and interim orders, the Crown Prosecution Service may request the court to make an order in respect of an individual convicted of a criminal offence where an offending pattern of behaviour has become established and an order is needed to protect the community from harm. They are commonly known as CRASBO’s.
Family Intervention Projects (sometimes referred to as FIP’s and also called Intensive Family Support Projects or Family Intervention Teams) combine intensive support and enforcement for perpetrators of anti-social behaviour ad their families who are at risk of becoming homeless because of their behaviour, who have complex and multiple needs and where traditional methods of tackling anti-social behaviour have failed to work. FIP’s help to address the root causes of behaviour and offer incentives to change, adopting a twin track of enforcement and support to change behaviour. They also take a whole family approach.
Mediation is considered and used in cases of neighbour nuisance and neighbour disputes. It is most likely to succeed if the referral is made promptly and before feelings on both sides become entrenched. It is considered inappropriate in some cases (for example: where there is a history of violence, when mental health issues are a factor, where legal proceedings have commenced, where the perpetrator is involved in hate related anti-social behaviour/crime and where it is reasonable to assume the perpetrators past behaviour indicates they will not respond to mediation.)
Restorative Practice (or Restorative Justice) is a harm reduction process where all parties with a stake in a particular offence or behaviour come together to resolve collectively how to deal with the aftermath of the offence or behaviour and its implications for the future.