Noisy
Neighbours and ASBO's
Noise – do you feel
like me that the world has become a very noisy place – from
those mobile phones, building sites, traffic, music in shops and
in lifts, there’s not a lot of peace and quiet around! But
you’d like to think that when you get back to your own home,
you’d be able to relax, sit and watch the television and get
a good night’s sleep! On Your Behalf hears from a listener
who lives in a semi detached house, and he’s been trying for
years to get the tenants in the adjoining semi to keep the noise
down. So what remedies are available to him?
Housing Rights Service told On Your Behalf
Anti-social behaviour
& Private Housing – Available remedies
Perpetrator is a private
tenant
If the person carrying out the antisocial
behaviour is a private tenant their landlord may be able to get an
injunction to stop further behaviour. The landlord will have to prove
in court that the tenant's behaviour poses a 'significant risk of
harm'.
Private landlords may also be able to evict their tenants if they
breach their tenancy agreement. The landlord must give the tenant
at least 28 days notice to quit and get a court order before evicting
the tenant.
If however the landlord is unwilling to take any action, there is
very little the complainant can do. If the problem relates to noise,
they contact the Environmental Health Department of their local council.
(This remedy is available to all tenants and home owners.)
Environmental health & noise pollution
Once a complaint has been received, the daytime noise is informally
assessed to determine whether a nuisance exists. In determining this
much depends on the ‘reasonableness’ of the noise in terms
of the time of day, location and duration. If the noise level is such
that it is a nuisance the environmental health officer will offer
verbal advice to the party who is deemed responsible for the noise.
Mediation may be offered if parties are amenable to this approach.
If the nuisance recurs the
complainant may be asked to keep a record / diary recording dates
and times of noise nuisance. Monitoring equipment can be set up
to record and measure the offending noise. If it is established
that a noise nuisance is occurring then a Noise Abatement Order
can be served. Non compliance with this notice may lead to the prosecution
of the person responsible.
Night Time Noise
New procedures under the Noise Act
1996 have been adopted by Belfast City Council to deal with noise
nuisance complaints. The Act, once adopted, requires assistance
to be provided 365 days a year, 24 hours a day. The legislation
gives the environmental health officer the power to respond immediately
to a noise complaint between the hours of 10.00 pm and 7.00 am.
The officer will try to ascertain the person responsible for the
noise and issue a verbal warning. If the noise continues a fixed
penalty notice will be served at £100 or £1000 for larger
scale parties. The Act also gives the power to seize, detain and
destroy property.
Future remedies available –
regardless of tenure
Anti Social Behaviour
Orders (ASBOs)
Draft Anti-Social Behaviour
(NI) Order 2004 – laid before Parliament on 28th June 2004.
It is anticipated that it will be on the statute books by the end
of July.
What are ASBOS?
ASBOs are civil orders granted
by a magistrate’s court to protect the public from behaviour
that causes or is likely to cause harassment, alarm or distress.
If breached, an ASBO becomes a criminal offence for which the maximum
penalty on conviction is 5 years imprisonment, a fine or both.
Who can apply for an
ASBO?
The police, relevant district
council or the Housing Executive will be entitled to apply for an
ASBO against anyone aged 10 or over provided that the following
conditions are fulfilled.
• The person has acted
in a manner that caused or was likely to cause harassment, alarm
or distress to anyone who is not a member of their household and
• The ASBO is necessary to protect ‘relevant persons’
from further anti-social acts by him/her.
‘Relevant person’
means
• In the case of district
councils, anyone living within the council area
• In the case of the PSNI, anyone in NI
• In the case of the Housing Executive, anyone living in Housing
Executive properties or anyone in the vicinity of their properties.
Examples of anti-social behavior
that can be tackled by ASBOs include:
Harassment of residents or passers-by
Verbal abuse
Criminal damage
Vandalism
Noise nuisance
Writing graffiti
Engaging in threatening behavior in large groups
Racial abuse
Smoking or drinking alcohol while under age
Substance misuse
Car theft
Does the court grant
them automatically?
The authority seeking the ASBO will
be required to show that the conditions outlined above are fulfilled
(see ‘Who can apply for an ASBO?’) Hearsay or professional
evidence can be used – i.e. it is not necessary for the ‘victim’
to give evidence.
Interim Orders may be made
by the magistrates’ court in circumstances where the main
application has not been determined.
Once granted, what
effect does an ASBO have?
The Magistrate can prohibit the person
from carrying out specific anti-social acts or prohibit someone
from entering an area. An ASBO is effective for at least 2 years.
Information provided by
Housing Rights Service
Middleton Buildings
10-12 High Street
Belfast, BT1 2BA
028 90245640.
9.30am-1.30pm Monday to Friday
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