a) Responsibilities

You are responsible not only for your behaviour while at home and on the estate you live in, but also for the behaviour of everyone who lives with or visits you.

If you are a joint tenant, you are responsible for the actions of the other joint tenant.

b) Nuisance or antisocial behaviour

Problems caused by nuisance or disagreements with neighbours are often referred to as antisocial behaviour.

You must make sure that you do not cause a nuisance to others, and we also rely on you to report any antisocial behaviour to us, other council service areas such as Environment and Property, or the police.

Disagreements with neighbours range from annoying incidents such as playing music too loudly, to serious incidents such as sexual and racial abuse and threats of violence.

Disagreements often arise from:

• businesses being run from home;
• too much noise;
• pets, particularly dogs, causing a nuisance;
• car repairs;
• untidy gardens; and
• boundary fences.

c) Solving your own problems

Whenever possible you should try to solve the problem yourself. Often, the best way of solving a problem is for neighbours to talk to each other and try to see each other’s point of view.

Gently explaining that the behaviour is upsetting the peace and lifestyle of neighbours can be enough.

When you speak to your neighbour, tell them why their behaviour is causing a problem to you.

Remember to stay calm and not to get involved in an argument.

If your neighbour continues to be unreasonable while you are talking, walk away.

You can also contact the Swindon Community Mediation Service on 01793 484383, who are willing to speak to you and your neighbours to help settle a disagreement. Trained mediators getting involved early on can prevent a problem becoming worse.

If things do not improve, get advice from your neighbourhood housing officer or a relevant agency such as Environment or Property.

We produce a guide for tenants who want to complain about their neighbours. The guide includes a form you can use to report complaints.  

If you would like to report an incident of nuisance or anti-social behaviour online, click on the following link: Report Neighbour Nuisance/Anti-Social Behaviour

As well as talking to your neighbour, you should also start to collect evidence in case you want to take further action.

In order to take action yourself, or for us to take action, you will need to keep a record of the problems. This should include dates, times, and the names and addresses of other witnesses.

You may want to take photographs (for example, if cars are being repaired or if rubbish is building up in a garden). You should sign and date the back of any photographs that you take.

You could speak to other neighbours who are directly affected by what is happening and ask them to keep similar notes.

You could also ask a solicitor to write to your neighbour or to give you advice about getting an injunction to stop the neighbour’s behaviour.

Depending on the problem you are having, the following groups and organisations can give you advice.

• The police
• Environment and Property - Public Services - Report Nuisances
• he Planning Department
• Wiltshire Law Centre
• The citizens advice bureau
• Community Mediation Swindon

Contact details for each of these is given on the Useful Phone Numbers page (section 9).

d) Harassment and victimisation

Under the Harassment Act 1997, it is a criminal offence to behave in a way which amounts to harassment. A court can grant an anti-harassment injunction under sections 1 and 2 of that act.

e) What to do if you are being harassed

We will not accept any kind of harassment (including verbal abuse, threats of violence, stone throwing and spitting), particularly harassment because of a person’s race, colour, religion, sex, sexuality, disability or age. So, we have set up procedures to help the victims and to take action against those who harass.

If you, or a member of your family, are being harassed, contact your neighbourhood housing officer immediately.

They will support you and give you confidential advice, including how you can take legal action against the harasser. You should also know that when you report any harassment, the matter will be kept confidential.

If, after talking to your neighbourhood housing officer, you want to take action to stop the harassment, you should immediately contact the police and then us. Once you have reported harassment to us we will take quick action, usually by getting an injunction against the harasser, and often followed up by steps to evict the harasser. In order to take action against the harasser,

you need to contact the police straight after any incident so they can make enquiries quickly and possibly take steps to prosecute the harasser.

If you have been harassed because of race, colour, religion, sex, sexuality, disability or age, the Police Community Liaison Officer will support you and give you help and advice on 0845 408 7000. This is because a criminal offence may have been committed.

Your neighbourhood housing officer can arrange for any damage caused by the harasser to be repaired urgently.

If there is offensive graffiti on your property, we will remove this within 24 hours.

If you want, the housing officer can contact the police if you have been injured or your property has been damaged.

f) Legal action that can be taken against harassers

We can take action by applying to the courts for:

• an injunction; or
• a possession order to evict the harasser.

Whether or not the judge grants an injunction or possession order depends on the quality and quantity of evidence we provide.

An injunction can prevent the harasser from being in a particular property or area. It can make them do something (for example, allow us into their home to check the gas appliances).

If the harasser does not keep to the conditions of the injunction, they can be arrested and then fined or sent to prison.

If an injunction does not successfully deal with a harasser, we will apply for a possession order to evict them. We may also take this step, without first applying for an injunction, if the harassment is serious (for example, if it involves violence).

Also, do not forget that you can get your own anti-harassment injunction in the civil court.

g) Domestic violence

If your partner is using or threatening violence against you, contact your neighbourhood housing officer for advice.

If your neighbourhood housing officer cannot help, he or she will put you in touch with our Homeless Section who will be able to give you advice on housing. If necessary, they may be able to find alternative accommodation for you (and your children, if any). To contact the Homeless Section phone 01793 463181. In an emergency outside office hours phone 01793 466451.

You can also get advice from a solicitor on getting non-molestation orders or occupation orders. These are legal orders the court will grant which prevent your partner attacking you and prevent them from coming within a certain distance of your home. They usually come with the power to arrest your partner if they break the conditions made by the court. If you want legal advice, you can get a list of solicitors who specialise in family law by phoning the Swindon Domestic Violence Forum on 01793 466132 or 01793 466506.

If you and your partner are joint names on the tenancy or it is in your partner’s name, you will only be able to transfer the tenancy into your name by taking legal action.

It is also possible that, in certain cases, Housing Services can take action against the person who has been violent to you. You can discuss this further with your neighbourhood housing officer.

If you want independent support and advice on domestic violence issues, you can phone Swindon Women’s Refuge on 01793 536447.

If you are in fear of domestic violence and need emergency accommodation, you can ring the Refuge on 01793 536447 at any time of the day or night.

Wiltshire and Swindon Domestic Violence Intervention Partnership provide a support and advocacy service for victims and survivors of domestic violence. You can contact them on 01225 709493 or you can e-mail them at dvip@westwiltshire-pct.nhs.uk

Wiltshire Constabulary Domestic Violence Unit can advise you if you need to take any action that involves the police and courts. You can ring them on 01793 507801.

Please remember that if you and your family are in immediate danger, you can phone the police on 999 and they will always respond.