Other frequently asked questions
Can you force my neighbour to move if they are causing ASB?
Moving tenants who cause ASB is not generally considered best practice, moving the perpetrator often just shifts the problem elsewhere rather than resolving it. It can fail to protect victims, as the behaviour may continue in the new location.
Whilst in some exceptional cases it may be appropriate to work with a tenant to secure a move, this can never be done without consent and the only way to force a tenant to leave their home is to seek to evict them via a court (see Can you evict my neighbour?)
Can you evict my neighbour?
Evicting a resident is always a last resort and will only be considered as an option for cases where there is evidence of serious ASB, and where all other means of resolving the issue have been tried and failed. Ultimately the decision to award the local authority possession of a property is one that can only be made by a judge via a court application process. Not only is the threshold for eviction extremely high, the process can take a significant amount of time.
I have been served with a notice of seeking possession. What does this mean?
A notice of seeking possession is the first step taken to take back possession of a property. Notices are served when there has been serious or continued ASB and they remain in place for 12 months from the date it is served.
There are two different grounds that a notice can be served on:
- Discretionary grounds - this means that the notice being served to you can be defended in court by you or a legal representative on your behalf, and a judge will decide whether to grant possession of your home back to the Council. To enforce the notice of seeking possession, your housing officer will need to instruct a solicitor to apply to a court for a hearing. A hearing will only be applied for if you continue to cause ASB following the notice being served to you.
- Mandatory grounds - under the ASB, Crime and Policing Act 2014 landlords were given powers to ask the courts for mandatory possession if you or a member of your household has already been convicted of ASB in other court proceedings. These are:
- A premises closure, or partial closure order being granted on the property.
- A noise abatement notice breached by the tenant and proven by the court.
- A civil injunction being breached by the tenant, proven by the court.
- A criminal behaviour order being breached by the tenant, proven by the court.
- The tenant has committed a serious offence as listed in the Anti-social Behaviour, Crime and Policing Act 2014
You have the right to request a review within seven days of this type of notice being served to you. The review will determine whether the notice continues to be served on mandatory grounds, or whether it should be re-served to you on discretionary grounds.
We encourage residents to seek their own independent legal advice if they are served with a notice of seeking possession.
I think my neighbour is unwell and I am concerned for their wellbeing. What can I do?
If someone is at immediate risk either to themselves or to someone else, you must call the police on 999. Even if there is no immediate risk please also let your housing officer know so we can also follow up on any welfare concerns raised with the relevant services and agencies.
Further information on our ASB Policy
We hope the above FAQs have helped answer any questions you had regarding how we respond to ASB within the councils housing service. If there is anything you are unsure about or if you have any further questions, please read our full ASB Policy.
Homes First Antisocial Behaviour and Hate Crime Policy (PDF, 226 KB)
Please speak to your housing officer if you would like more information of assistance.
