Information for Homeowners

If you’re a Shared Owner, this section is home to useful information for you.

Anti-Social Behaviour

Anti-social behaviour (ASB) includes a wide range of unacceptable behaviours that affect the quality of life for residents or other people living in our areas.

You can report instances of ASB to our Homeownership team.

What may be considered as anti-social behaviour:

      • Extreme noise
      • Vandalism and damage to property
      • Fouling of public areas, graffiti, fly-tipping, abandoned vehicles.
      • Intimidation and harassment such as threatening behaviour, verbal abuse
      • Violent or physical attacks
      • ‘Hate’ behaviour, directed against members of particular groups because of differences (for example, race or religion)
      • Verbal abuse (shouting, arguing and swearing)
Bad company, schoolboy forcing friend to drink alcohol, initiation into gang
Quote-icon

We believe that everybody has the right to a safe place to live. That’s why we here at Love Living Homes always take any reports of anti-social behaviour extremely seriously.

~ Love Living Homes

What we do not consider as anti-social behaviour

We would consider the following as normal life and not anti-social behaviour:

      • Sounds and smells of everyday life.
      • Outdoor playing and one-off parties
      • Looks, stares or comments on social media.
      • Laughing, talking and crying babies
      • Parking issues
      • Boundary issues
      • Dogs barking and issues with pets.
      • Untidy gardens

How does graffiti get removed?

If you see any graffiti within your development, please let the Homeownership team know as soon as possible. We consider offensive graffiti to be a form of antisocial behaviour and will treat it very seriously.

How to deal with anti-social behaviour

Approach your neighbour

Your neighbour would likely prefer that you speak to them first before contacting us, as they may not be aware they are causing a problem. Calmy explain how their actions or behaviours are making you feel. Use language such as:

“When you do ________ it makes me feel _______"

In most instances, having a calm conversation with your neighbour is the best way to resolve any issues.

We would never ask you to handle cases of anti-social behaviour if you don’t feel safe, or if criminal acts have been carried out.

Keep a record of any incidents that occur

Keep a record of when, where and who is involved with the anti-social activity, writing down as many details as you can. It is important that you provide as much information as possible should further action need to be taken.

We may ask that you and your neighbour consider mediation. This is using an independent person to work with you both to find a solution.

If it continues, we will talk you through the next stage as there are a number of options available.

Legal actions will only be taken where incidents are severe.

How do I report anti-social behaviour?

To report any anti-social behaviour please contact us.

All reports of harassment are taken seriously and the safety of residents and their

households are always most important. Maintaining good estates and promoting cohesive communities is a top priority for us.

We will follow up on your report as quickly as possible and need your co-operation to help us deal with anti-social behaviour effectively. We will respect your confidentiality at all times.

If you have a serious or urgent problem, please call the police on 999. If it is not an emergency, but you want to report it to the police, please call 101.

First time buyer family homes new homes shared ownership affordable housing Kent Countryside outdoor living

What happens after I have reported it?

We take all reports of anti-social behaviour very seriously here at Love Living Homes.

We’ll keep you up to date with the progress of your case and what actions that we can take. In some cases, we might need to get other organizations involved such as environmental services or the police.

There are lots of different ways we can tackle anti-social behaviour. These include making full use of the legal powers available to us and working with partner agencies to provide support to victims.

Avoiding anti-social behaviour

The best thing to do is avoid actions that might cause a nuisance to others.

For example:

      • Be considerate of your neighbours.
      • Do not carry out loud work at night including repairs.
      • Talk to your neighbours if you intend to have a party.
      • Do not play your TV, radio, hi-fi or musical instruments too loudly.
      • Keep your dogs and other pets under control.
      • Be aware of where your children are playing, who is supervising them and what they are doing.
      • Talk to your children and visitors if their behaviour is likely to cause a nuisance or harassment to other people.
      • Dispose of rubbish and waste in an appropriate manner
Love-Living-Homes-Kent-15

The behaviour we consider a nuisance includes:

      • Inconsiderate parking
      • Lifestyle differences, such as different times of going to bed.
      • Noise that does not meet the ASB definition.
      • Neighbour disputes
      • Garden or boundary disputes.
      • Pet or animal nuisance

How can I deal with noise nuisance?

Unfortunately, as your landlord or managing agent, we have very limited powers to take action when it comes to noise nuisance. Here are some Government advice recommendations that you can do to tackle noise problems.

Keep records of the noise.

Try to keep a record of the noise as soon as it breaks out. Log the date, time, type of noise and how it's affecting you. This information could be essential to back up your report should you want to escalate it, and it could be used as evidence if you go to court.

Try to have a quiet word with them about the problem.

Have a stronger word and explain the impact their noise is having on you (and your family)

46

Start building a relationship with your neighbour causing the problem.

        • If you decide to approach your neighbour about their noise, wait until a suitable time.
        • Even if you feel angry about it, try not to lose your temper — it could be used against you at a later time.
        • Plan what you are going to say and keep calm.
        • Before you approach them, it's important to consider whether there's a risk to your safety. If you feel threatened or intimidated by your neighbour and you're worried they will get aggressive, then approaching them might not be the best option. In these situations, it's probably best to contact the police.
        • Most problems can be solved amicably without any need for further action.
        • You might feel nervous about approaching your neighbour, but they may genuinely be unaware that they are causing too much noise.
        • Often, they will be embarrassed about the nuisance they have been causing and will be more considerate in future.
        • But it's important to do this as early as possible before the problem spirals out of control.

If things don't improve, consider going to a mediation service.

Neighbour mediation is a useful process where a third party helps people living in the same neighbourhood resolve disputes. It aims to assist both parties in identifying each other's needs, sorting out problems, exploring solutions and negotiating an agreement.

Mediation often helps preserve neighbourly relations or build better ones and it can calm disputes before they escalate. Most services are registered charities although some are part of other organisations like local authorities or Citizens' Advice.

37

If that doesn't work, ask your local authority to take action.

Your local authority has a statutory duty to investigate reports of ASB. Under Section 80 of the Environmental Protection Act 1990, the Environmental Health Officer (EHO) is required to take “all reasonable” steps to assess whether the noise constitutes a statutory nuisance.

If the EHO is satisfied that there is a problem, or one is likely to occur or reoccur, then they have to serve a noise abatement notice. But they may suggest other ways forward:

      • Mediation: Many local authorities have independent trained mediators who will offer to mediate between you and your neighbour.
      • A warning letter: Some local authorities may send a warning letter. This might be effective, but it can backfire - it can alert the neighbours to the fact that you've complained so the noise may become more intermittent. Collecting evidence may then become a problem.
      • An abatement order: Ultimately, if the noise persists and the local authority has deemed the noise a statutory nuisance, they have a duty to serve a notice on the offenders. If the offender fails to comply, they can face court action. The local authority also has the power to confiscate any equipment that's causing the noise.

If there's nothing your local authority can do, speak to an abatement society.

48

As a final resort, take legal action yourself

If your local authority doesn't take action, or if you decide not to involve them, you can take a noise issue to a magistrates' court. The magistrates' court will need to be persuaded that the problem amounts to a statutory nuisance.

This is why it's important to keep a record of the dates, times and duration of the noise as well as a description of its nature and the distress it causes you. Before you go to a magistrates' court you should seek some good advice from Citizens' Advice, a solicitor, or the clerk at the local courts. But bear in mind there's no legal aid for these kinds of cases.