Think tank

Noisy neighbours

The property next to mine fell into disrepair some years ago. The local authority eventually tracked down the elusive landlord and got them to take a grant so the property could be refurbished. But no heating was installed and, after refurbishment, it again stood empty for18 months. But the council had nomination rights because the landlord had received “enhanced” grant, so they later installed a family who had presented as homeless.

The problem is we have had noise and antisocial behaviour issues with this couple and their teenage sons for the past 18 months. The council has issued a “noise abatement notice” against them; and the landlord and the police have used acceptable behaviour contracts (ABC) with three of the kids. Together with 14 neighbours we sent the landlord a letter of complaint. But he copied in the family, and they started harassing the people who’d signed the letter. The council says the landlord must manage the property – but it knew before it nominated this family how difficult he is to contact .

Is there any action we can take against the landlord for not managing the property – or should the council be doing this?

There is action that can be taken against the family. If the abatement notice is ignored, then the local authority has the power to seize any equipment that is noisy – stereos etc. ABCs are also useful for setting boundaries, and in most cases do curb bad behaviour. But when they don’t, sanctions must be imposed if such agreements are to remain credible.

In your case, I would be looking at getting ASBOs served on the children. Remember that the courts can now attach a parenting order to an ASBO for a 10- to 15-year-old and an individual support order – positive action such as counselling to respond to causes of bad behaviour – to an ASBO against a 10- to 17-year-old. Both the police and the local authority can take out ASBOs, and though the police seem to have instigated the ABCs, I would want more joined-up action: the local authority needs to be involved to ensure all relevant council services such as social services are brought in as necessary.

New powers in the Housing Bill, which is now before Parliament, will help in future. For example, a local authority will be able to impose a licensing scheme for private rented accommodation in areas where antisocial behaviour is significant and persistent. This will set standards for property management to which landlords must conform. Also proposed are management orders, which will transfer management of a property to the council in similar circumstances where the landlord has failed to act.

For advice on tackling bad behaviour, you can also contact the Together Action Line: 0870 220 2000. 

The case law on the liability of landlords for the antisocial behaviour of their tenants is relatively clear. Victims of such antisocial behaviour have no right of action either in nuisance or negligence against the landlord.

The council will have a separate contract with the landlord for the nomination agreement and much would depend on that as to whether or not the council could take action about the lack of proper management of the premises. You cannot enforce the terms directly but could ask them to do so though it does sound like they’re unwilling.

It may also be worth enquiring whether the terms of the grant would give the council any additional rights either to manage the property directly or to take action against the landlord. Again, however, you will not be able to enforce directly.

But if you or any of your neighbours are being harassed by the tenant because of the joint letter, it is a criminal offence under the Protection from Harassment Act 1997 to harass another person. The police can only bring a charge when this has happened twice. So this should be reported to the police who could consider action against the tenant directly. The act gives you the right to seek a civil injunction in the county court to prevent such further harassment as well. If breached, it is an arrestable offence.