Dealing with rowdy Neigbours

Neighbours who cause a nuisance are a minority, but one whose impact can unfortunately be enormous. Bad neighbours in essence show a disregard for the need to live in a certain way in a community. Furthermore, they may either have an inability or refuse to recognise their behaviour. Having bad neighbours can change the feeling of an area or house. 

Due to the closeness of many houses and communities, persistent bad neighbours can become extremely threatening and demean the quality of life for those affected. Antisocial behaviour may include drunken fighting, intimidation, harassment, criminal damage and vandalism. Even mild antisocial behaviour can serve to make public spaces feel unsafe and unwelcoming.

As a buy to let landlord or tenant, knowing how best to deal with bad neighbours can save discomfort for all parties. This ibuytolet guide provides information on how best to deal with nuisance neighbours.

Dealing with nuisance neighbours

If your tenant complains to you about neighbours, you should acknowledge their complaint quickly. If there is any threat of violence, advise them to see the police as soon as possible. The ASBO (Anti Social Behaviour Order) legislation in this country means that antisocial behaviour now faces an almost instant injunction. If there is no immediate threat, you could agree a joint course of action with the tenant.

If you are personally faced with rowdy neighbours, contact the police as soon as possible, and brief them fully on the situation. Antisocial behaviour should be intervened against early.

Taking action

If the situation becomes more serious, consider taking out an injunction against the neighbours. Before starting this, consider the following list of questions, and arm yourself with the answers.

What kind of tenure do the antisocial neighbours have?

What options do you have based on tenure group?

Should you consider non-tenure related action (ASBO)?

What do you hope to achieve (curfew, clean-up)?

Tenure-related interventions

Injunctions provide immediate protection. They prohibit the individual or group from causing any kind of nuisance, and may bar perpetrators from certain areas.

-         Injunction against breach of tenancy agreement. Any landlord can apply for this if the tenancy agreement includes a requirement not to cause annoyance to neighbours. A civil injunction is put into place.

-         Anti-social behaviour injunctions. Local Authorities and social landlords can apply for this type of injunction under the Housing Act of 1996. Injunctions of this type can be extended to include the power of arrest and exclusion orders.

-         Demoted tenancies. When a tenant behaves antisocially a social landlord can end the tenant’s existing tenancy and replace it with a less secure one. This removes right to buy and security of tenure.

-          Possession. Eviction can be applied in serious cases to protect the community. The perpetrators of nuisance behaviour must be made aware of the consequences of their actions, possession proceedings should be used as the final solution. Changes in the courts mean that landlords stand greater chances of being successful in seeking possession in the case of antisocial behaviour. Possession orders also depend on the type of tenancy held and the type of antisocial behaviour occurring. 

Noise-related intervention

Excessive noise can really damage a community, and excessive noise can quickly lead to prosecution for the perpetrators. Local authorities now have the power to issue fixed penalty notices – effectively fines for excessive noise. Furthermore, local authority officers can also use Noise abatement notices.

-         Noise abatement notices. If the officer agrees that the noise is a problem, and resolving the matter informally fails, a noise abatement notice may be served. This prohibits the noise, or limits it to certain times of the day. If the perpetrator still fails to comply with abatement notices without reasonable excuses, they are committing an offence and face up to a level 5 fine. The local authority may also take measures to abate the nuisance and recover the costs.

Dealing with nightmare neighbours on a formal basis can cause real problems for the buy to let landlord. However, there are various enforcement interventions available to landlords that can be used, and having a working knowledge of these could help you in your path to be a successful buy to let landlord. Your local authority can be your closest ally in this situation. 

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