Anti-Social Behaviour
Anti-Social Behaviour Information Sheet Anti-Social Behaviour Information Sheet
This booklet describes the latest laws and guidance's that have been introduced to tackle anti-social behaviour (ASB) and details how tenants, residents and landlords can and need to co-operate to make them effective.
Title: Anti-Social Behaviour
Author: Vic Berry and Terry Smith (Tenant Participation Advisory Service)
Series: Information Sheet
Date published: November 2004
Number of pages: 16
Availability: Download the full report 
PDF (118 Kb)
- What should landlords be doing?
- Other legal remedies
- Other ideas for dealing with ASB
- What can tenants do to tackle ASB?
What should landlords be doing?
Working with tenants to agree standards and expectations for joint working and tenant participation.
Working jointly with other agencies such as police, social work agencies, probation service etc., in dealing with problems.
Establish policies and procedures for dealing with ASB as well as systems for recording ASB activity.
Using Tenancy Agreements to tackle nuisance and anti-social behaviour - when breached can lead to imprisonment or a banning order. The agreement states that:
Tenants should not commit nuisance and nor should their family or visitors to their household.
Tenants (and their family and visitors) should not commit any form of harassment, including racial harassment.
Tenants (and their family and visitors) should not commit nuisance in the form of noise.
Tenants (and their family and visitors) should keep their pets under control, etc.
Introductory Tenancies under the Housing Act 1996 can be given to new tenants. These mean that if there is any anti-social or nuisance behaviour within the first year the tenancy can be ended.
Establishing clear complaint procedures and service targets for responding. This information should be made easily available to tenants.
Using mediation services where possible to try and resolve conflicts between neighbours.
Offering support for victims - e.g. help-lines, home security features etc.
Tackling racial harassment and supporting those who have suffered from it - some methods include:
referrals to appropriate counseling/ support agencies
emergency repairs and graffiti removal
extra security facilities like fireproof letterboxes
new window and door locks
surveillance visits from the mobile security patrol
a 24-hour harassment help-line.
Taking legal action and seeking injunctions and evictions where appropriate
Other legal remedies
The Noise Act 1996
The Act created a new "night time noise" offence and provides environmental health officers with a swift remedy against occupiers of properties who are causing excessive noise. If necessary they have the authority to confiscate equipment.
Protection from Harassment Act 1997
The provisions of this Act can be applied to all forms of harassment within the housing neighbourhood, including noise and racial harassment. If a victim is harassed once, this is not an offence, but if harassed a second time then an offence has been committed under the Act, and is a matter for the Police. Penalties under this Act include prison.
Crime and Disorder Act 1998
Under this Act local authorities have the powers to apply for:
Anti-Social Behaviour Orders (ASBOs)
Child Safety Orders (for children under the age of 10. The order will require the child to stay at home at certain times, stay away from certain people etc.
Local Child Curfews. These are aimed at tackling anti-social behaviour of groups of children. A curfew will bar under 10-year-olds from specified public places after 9pm.
Acceptable Behaviour Contracts (ABCs)
The contract specifies a list of anti-social acts in which the person has been involved and which they agree not to continue. The contracts are informal and flexible. Any breach of the contract can be used as evidence to support the application for an Anti-Social Behaviour Order or other legal action.
Anti-Social Behaviour Orders (ASBOs)
An ASBO prohibits a named individual from committing specific anti-social acts, and/or entering a specified area, and/or associating with named individuals.
Interim ASBOs
Interim orders are effective immediately, last for a specified period and cease when the application for the full order is determined. They can be made without notice to the defendant where there is an urgent need to protect the community.
Anti-Social Behaviour Act 2003
Introduces a range of new measures including:
Housing - local authorities, housing action trusts and landlords are required to produce, review and publish policies and procedures dealing with ASB. Social landlords can also apply to the court for housing injunctions.
Demotion Orders - ends the tenant's existing tenancy and replaces it with a less secure demoted tenancy that removes the tenant's right to buy and security of tenure for at least one year.
Proceedings for possession - courts must give particular consideration to the impact of ASB on victims, witnesses and the wider community in all nuisance-related housing possession cases.
Other Community Issues - New powers for action by the police, youth offending teams, schools and others, over a range of measures include:
Closure of premises used in the drug trade.
Dispersal of groups of people.
Trespasses on common land.
Control of firearms and air weapons.
The sale of aerosol paints to those under the age of 16 years.
Service of fixed penalty and other notices.
Extended use of parenting contracts and orders in education and by youth offending teams.
Removal of hedges by local authorities.
Other ideas for dealing with ASB
Incentive schemes - tenants gain points for good behaviour
Education and training - showing offenders first hand what effect their behaviour has on others
Prevention and Deterrence - e.g. Neighbourhood Wardens and Community Support Officers
Design and Management of Property - security features and police design advice
What can tenants do to tackle ASB?
As individuals
Try talking to their neighbour to see if the problem can be sorted out before it gets out of hand.
Use mediation services.
Follow the procedures set up by the landlord.
Tenants can use the Environmental Health Officer.
Report criminal offences.
Take personal court action (as a last resort).
As a community
Set up Tenants' Associations so the community can speak with a unified voice.
Can set their own standards of behaviour and rules. These are more likely to be accepted than ones handed down from high.
Set the agenda for agencies tackling ASB.
Self help and community support - e.g. victims meetings and community self-defense classes etc.
Provide services and things to do for young people. This can gratefully effect ASB.
Last update: Tuesday, July 22, 2008