Although legal action is the last step in the process, BHP will not hesitate to take action against the few who continually cause nuisance to our residents. This action may include:
These can be obtained very quickly and can order your neighbour to stop doing something, for example, playing loud music or can order them to carry out an action such as clearing their garden of rubbish.
In serious cases of nuisance and harassment, where there is the threat of violence, the court can attach a power of arrest to the injunction. This can be obtained within 24 hours. If your neighbour continues the behaviour, the police have the power to arrest them immediately.
This process takes longer than obtaining an injunction and will normally involve evidence that has been gathered over a period of time being presented to the court.
To obtain a possession order we need strong evidence that will stand up to close examination in court. If the judge is satisfied that the tenant has breached the terms of their tenancy, or specific requirements contained in the Housing Act, they can grant a possession order which means that the tenant can be evicted by county court bailiffs.
Anti-social behaviour orders (ASBOs)
Anti-social behaviour orders (ASBOs) are legal orders which can be specifically used against people aged 10 or over. To obtain an order we have to work very closely with the police and the council.
Incidents where these orders may be used include against groups of people who loiter in communal areas and who intimidate residents with their behaviour. An order could take the form of banning these people from a particular area or part of the borough.
Environmental Health can take criminal proceedings with a maximum fine of £5000 per offence. They can confiscate sound equipment and keep it permanently where justified. Evidence can be used for possession proceedings and/or anti-social behaviour orders.
Leaseholders are bound by the covenants contained in their leases not to behave in an anti-social manner. BHP is committed to applying to court for forfeiture of a lease (the leaseholder can lose the right to the lease) or an injunction in the event of a breach of covenant by a leaseholder.
It is a requirement that we must prove to the court that the covenant has been broken.