Anti-Social Behaviour
Anti-Social Behaviour (ASB) can be defined as ‘activities or behaviors which is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority’.
An accusation of anti-social behaviour against a household/resident is taken very seriously by TORC and a proven allegation can have very serious implications on a household.
Nuisance Behaviour
Oftentimes we find that incidents of negative behaviour arise under the definition of ‘nuisance, annoyance or disturbance’ behaviour which is different to the definition of ‘Anti-Social Behaviour’.
The definition of nuisance, annoyance or disturbance behaviour is outlined within your Tenancy Agreement however in a general sense it can be defines as ‘behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home’
Many neighbour problems can be sorted out by talking calmly with the other person. But TORC can take action to assist you if this approach fails or if someone’s behaviour is very anti-social. Ongoing or repetitive incidents of nuisance, annoyance or disturbance behaviour, can lead to allegations of Anti-Social Behaviour (ASB).
ASB Complaints Procedure
Tenants can report ASB and/or Nuisance behaviour verbally or in writing to the TORC Helpdesk or directly to a Housing Services Coordinator (HSCO).
We encourage complainants to complete an ‘An Anti-Social Behaviour Complaint Form’. As part of this form, the complainant will give permission to use information/evidence given should the complaint need to progress through the courts. We advise complainants that concerns relating to alleged criminal behaviour, drugs and public order offences should also be referred by them to An Garda Síochána as a matter of urgency.
Responding To and Investigating a Report of ASB
Your HSCO will seek to ensure that complaints are not vexatious or without substance and to establish, where possible, the reliability and credibility of all complainants. To eliminate vexatious reports, we encourage all complainants to complete the ASB form [LINKED HERE?]. If we are satisfied that more than one resident has been impacted by the same ASB and it has been verified, we can investigate and determine what action is required.
An allegation of anti-social behaviour, as defined in the housing legislation, must be supported by evidence in order for an allegation to be upheld against a household or resident.
Breach of Tenancy
Your HSCO may determine that the complaint of activities does not fall within the definition of ASB but does constitute a breach of the tenancy agreement. These will also be investigated but treated as a breach of tenancy.
Statutory Warning Notice
There may be instances when further action may be required, resulting in formal legal proceedings against the tenant being undertaken which could ultimately lead to repossession of the property, in the most exceptional circumstances.
What Does Your Tenancy Agreement and the TORC Tenant Handbook Say About ASB?
TORC reminds all residents of their obligation to read and understand the content of their Tenancy Agreement. In addition, we recommend that all residents read and familiarise themselves with the content of the TORC Tenant Handbook specifically Section 6, ‘Being A Good Neighbour’ & Section 7, Anti-Social Behaviour.
TORC’s Anti-Social Behaviour Policy can be read here.
What Happens if Your Neighbour is Causing a Nuisance or You Have a Disagreement?
Most people are reasonable if you speak to them in person, it may well be that they didn’t realise that they were causing a problem for you. How you approach the matter is very important and you should give some thought as to how you raise it before you go to speak to them.
We do not usually get involved in disagreements between neighbours and we believe that minor issues can be resolved much more simply between residents themselves. However, if the problem is serious then do speak to your Housing Services Coordinator. We will help where we can. Where it is a tenancy compliance matter, we will investigate in the first instance and then take the appropriate action in accordance with our anti-social behaviour policy.