What action can we take

We would try a number of options before taking legal action.

These might include:

• Warning letters and interviews
• Referrals to other agencies (Social Services, Youth Offending Team, Council's Community Safety Team, etc)
• Mediation

Mediation

Housing Officers will often recommend mediation in cases where there exists a dispute between tenants and their neighbours.

Saffron use an impartial external mediation agency and this can be an effective way of helping parties understand each other’s point of view, particularly as they will usually remain living as neighbours.

Mediation is voluntary and does not apportion blame, but tries to find a middle ground that people can agree on, and aim to work from there. It is a common misconception that the two parties will have to sit in a room and face each other. This is not always the case and the mediator will discuss
the different options available to you.

Usually a trained mediator will visit each party in their home to discuss their point of view, before feeding the information back to the other party and gaining agreement from both residents about the way forward. This process can take several meetings with the mediator depending on the complexity of the dispute. Using mediation at an early stage can often prevent the problem escalating. Mediation is usually the best option in most cases and will be actively promoted. Sometimes, even when a nuisance has been going on for sometime, mediation can still work to help someone realise they are causing a problem and stop it (e.g. possible lifestyle clashes in the case of a young person living next to an older person).

What legal action can be taken?

This is usually limited to the most serious cases and can include:

Service of a Notice of Seeking Possession which is the first step towards ending a tenancy

Possession Orders/Suspended Possession Orders. These are Court Orders that end a tenancy. They can result in the tenant being evicted or in the case of a 'suspended' order, the tenant is given a final chance to change their behaviour. These orders are at the ‘discretion’ of the Court and it must be 'reasonable' for the Court to grant possession

Injunctions; these are Court Orders preventing particular actions

Acceptable Behaviour Contracts – these ‘contracts’ clearly set out the behaviour that is unacceptable and the ‘perpetrator’ agrees not to continue to act in that way. They are seen as a warning and sometimes lead to Anti Social Behaviour Orders.

Anti Social Behaviour Orders (ASBOs) – can be obtained against anyone aged 10 and over who has behaved in a way likely to cause harassment, alarm or distress. The Court may make an order prohibiting specified acts and/or exclude the subject from an area

Demoted tenancies – the Court can order that an Assured tenancy becomes a less secure Assured Shorthold tenancy. Possession may then be sought if there is a further breach of tenancy conditions. A demoted tenancy will cease to be demoted after 12 months if no action is taken.