Housing Association - I'm a leaseholder & they've put anti social tenant downstairs

Sapphire009

I'm a leaseholder of a maisonette and the freeholder is a housing association. The flat is in a block of 6 and is one of only 2 two bedroom flats. The other 2 bedroom is below me and until two months ago was lived in by a widowed gentleman who was over 70 and a lovely neighbour until he sadly died.

My front door, and that of the flat below opens onto a communal green and all the other properties around this green are 2 bedroom bungalows all designated for the over 55s. Single people and couples ranging up to age 90 plus live in these. When I bought the property 21 years ago this was a large attraction as I knew I was in an area that was likely to be quiet - and so it has been up until now.

When my neighbour below sadly died I wrote to the housing association asking that they place a tenant there who would be in accord with the others, bearing in mind they are all elderly. I received the reply that as a two bedroom property they have to let it to a family.

A single mother, on benefits with two children (boy and girl aged 5 and 10 I believe) plus a large, uncastrated Bull Terrier have moved in. We made her welcome, gave her a bottle of wine and for a short time all was well. She soon started playing music so loud it rattled our pictures. This happens several times a day - all during daylight hours as she stops when the children go to bed. Both my husband and myself work from home part of the time and it is impossible to do so when this is happening.

5 times we asked her politely to turn it down, each time she got more grudging until the last time she told my husband that 'I'm young and I like to play my music' . At that point I complained to the housing association whereupon she came banging and kicking at my door threatening 'if that's the way you want it.....'. This happened again on Sunday when we got the police around.

I won't bore you with all the details but she screams abuse at her children using F and C words and is known to the police I understand. The other residents who have any contact with her have told me they are intimidated by her and don't feel safe anymore. Another young couple (they are on the other side of the building but are still affected by the noise) have also put in a complaint. There are other aggravations too but the noise and the aggression are the main issues.

The police are being very supportive but the housing association has made me feel as if I am a trouble maker. The nuisance tenant told another neighbour they'd told her 'not to take any notice' and her actions since indicate this is the message she has taken away with her. I have of course been keeping detailed records of all the incidents.

In short, my husband and I are very stressed. We are both self employed and work from home some of the time. I have lost money because I can't concentrate on a new role I have taken on. I have also visited the doctor and been prescribed Diazapam and on top of that I am now obliged to declare the neighbour complaint should I sell the property - and hope someone will buy it (I know I wouldn't).

I believe there is history with this tenant and the housing association were aware of her background. They have placed her in an area where everyone else is aged 56 - 92 - in other words a soft target that gives her a bully's charter. The consequence is that we have all been robbed of our 'quiet enjoyment'.

There is more but I won't bore you all with it in it's entirety but I am so incensed that the housing association has dumped this person on what was a cohesive and friendly corner, apart from my own financial loss and the sheer waste of energy this woman is.

Can anyone please advise re. the likelihood of me being able to sue the housing association if they fail to rectify the situation?

All and any advice will be greatly appreciated.

Many thanks.

propertyman

Just an other example of a reason for adopting my policy of housing these mongrels in old mines and quarries.

Act like a Morlock, live like one- underground.

I do have advice- more later.

Fire_Fox

Welcome! The housing association is not the right entity to approach at this stage, they need a body of evidence before they can take action to evict the tenant. I don't think you did yourself any favours writing to ask for an elderly tenant, that was none of your business and could make it look like you are prejudiced because this woman is young with children.

Environmental Health at your local council deal with noise nuisance and can issue a noise abatement order, Social Services deal with abuse towards children. You can also use a child protection charity or the antisocial behaviour team at your local council. Police should really only be called if there is threatening or violent behaviour towards you or your property. To limit being abused or threatened don't approach the neighbour, you've already established that is antagonistic.

The more individual complaints to Environmental Health, Social Services or the anti social behaviour team the better. Once all the neighbours have a body of evidence bring that to the attention of the Housing Association in writing. If they still do not take action involve your MP and ward councillors.

Go and see a different GP at the practice, there are other/ better/ more modern treatments for stress or anxiety than a benzodiazapine. Firstly physical activity is highly effective, be sure you are getting your 10,000 steps every day - at any pace and divided up initially if you are not so fit. Secondly a low glycaemic index, nutrient dense diet (especially minerals and essential fatty acids). Thirdly prescribed medications that are non addictive and do not make you drowsy like low dose beta blockers (given to students for exam nerves) or certain anti-depressants (not only for depression).

embob74

I know it's not much use to you but I wouldn't have thought this tenant would/could stay for too long as the children would be entitled to a room each.
Perhaps she has been put there until more suitable housing is found? I would keep on at the HA - IME I found things progressed much quicker if they were hassled!!
I am sure others will have advice regarding contacting the Environment Health for the noise although as it is not in unsocial hours it would depend on the actual level she is playing it.
EDIT: As I suspected another poster ^^ has some useful info for you :-)

Sapphire009

Thank you all for your replies so far. I am contacting anyone and everyone who can help and keeping a detailed log. I have been advised by the police also that the only way is to keep on reporting every incident even if I feel like a nuisance because then the powers that be will be forced to take action. They have said it is a bad system but unfortunately the only one that works but it begs the question what happens if someone is too intimidated to complain because as we have found, there are repercussions.

Thank you embob74 - that's reassuring. Do you know what age children are deemed to need their own rooms?

Thank you also Fire Fox for some good advice. The residents I have spoken to are all aghast that they would place her in this community but having said that, if she was behaving in a way that didn't disturb and disrupt anyone else we would all have been happy to have her as a neighbour.

Does anyone know what sort of discretionary powers a housing association has when it comes to tenant placement? I gather the system here is based on points and bidding.

martinsurrey

Now that you have let the HA know that they have a problem tenant they are responsible for sorting it out.

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189242

Do as you are and just complain to everyone, (including the council as advised in the link).

It will take time, but once somone at the HA and the police and the council are sick of hearing your voice, its amazing what they can do!

Fire_Fox

Sapphire009 wrote: »

Thank you all for your replies so far. I am contacting anyone and everyone who can help and keeping a detailed log. I have been advised by the police also that the only way is to keep on reporting every incident even if I feel like a nuisance because then the powers that be will be forced to take action. They have said it is a bad system but unfortunately the only one that works but it begs the question what happens if someone is too intimidated to complain because as we have found, there are repercussions.

Thank you also Fire Fox for some good advice. The residents I have spoken to are all aghast that they would place her in this community but having said that, if she was behaving in a way that didn't disturb and disrupt anyone else we would all have been happy to have her as a neighbour.

Does anyone know what sort of discretionary powers a housing association has when it comes to tenant placement? I gather the system here is based on points and bidding.

You don't necessarily need to report every incident one by one or you can do so to EH by e-mail, you should be keeping a noise diary in the format prescribed by EH. Ask the antisocial behaviour team what their procedures are. Don't worry about being a nuisance, you pay council tax for these services. If there is intimidation or threats you contact the police as already stated. The council are not psychic and they need reports and noise diaries to get a Noise Abatement Order from the court. The problem we see most often here on MSE is people going to the wrong authorities or giving up too quickly.

The tenant is now in a legally binding contract, the HA will have to follow specific procedures to revoke that. Even if you could get the HA to accept they had made an error the tenant is legally in occupation. Honestly you are barking up the wrong tree harping on about past decisions.

kloana

I'm in a similar kind of position. I'm hoping to leave my home in the next few weeks/months as I'm in the early stages of buying a property, but I desperately want rid of a neighbour whose caused nothing but trouble for months.

Our block is mostly occupied by young-to-middle aged working singles and couples. No children, due to the type of properties here. So, we're the type of block who are used to - and need! - a good night's sleep.

The flat opposite me was recently let to an unemployed teenage lad, following the eviction of the previous tenant (rent arrears, no anti-social behaviour involved). The problem isn't with the tenant himself who is largely quiet and passive, but with the people he attracts - likeminded teenage boys and girls with nothing better to do than play knock and run (yep!) in the early hours, bang hell out of all of our doors, break our communal doors, set fire to newspapers in the hallway, etc., for their own amusement.

I've complained to the HA five times in as many months. Despite complaining anonymously, I know the HA have at least 'had a word', because he's apologised to myself and other residents on all occasions. Last week I had to blow my cover and complain non-anonymously, as the complaint would have identified me anyway (an acquaintance of the tenant half-heartedly attempted to break into my flat!). I also contacted the police, but used a non-emergency channel of complaint. No acknowledgement yet from the police.

It's now common for HA tenants to be place on 'starter' probation tenancies, lasting from 6-12 months, after which they can be booted much more easily than in previous years. My problem tenant is still in his 12 month probationary period, and everyone here is hoping his tenancy is not renewed

Might your problem neighbour also be on a probationary tenancy, OP??

kloana

Sapphire009 wrote: »

Thank you embob74 - that's reassuring. Do you know what age children are deemed to need their own rooms?

Two same-sex children are normally expected to share until age 16, and opposite-sex children until age 10, so you may be in luck

EDIT: It also appears quite uncommon for dogs to be permitted in blocks of HA flats of this type (though it may be allowed). Have you also complained about the dog? - whether its causing problems or not, it may serve as further ammunition to your cause.

Fire_Fox

kloana wrote: »

I'm in a similar kind of position. I'm hoping to leave my home in the next few weeks/months as I'm in the early stages of buying a property, but I desperately want rid of a neighbour whose caused nothing but trouble for months.

The flat opposite me was recently let to an unemployed teenage lad, following the eviction of the previous tenant (rent arrears, no anti-social behaviour involved). The problem isn't with the tenant himself who is largely quiet and passive, but with the people he attracts - likeminded teenage boys and girls with nothing better to do than play knock and run (yep!) in the early hours, bang hell out of all of our doors, break our communal doors, set fire to newspapers in the hallway, etc., for their own amusement.

I've complained to the HA five times in as many months. Despite complaining anonymously, I know the HA have at least 'had a word', because he's apologised to myself and other residents on all occasions. Last week I had to blow my cover and complain non-anonymously, as the complaint would have identified me anyway (an acquaintance of the tenant half-heartedly attempted to break into my flat!). I also contacted the police, but used a non-emergency channel of complaint. No acknowledgement yet from the police.

Have you contacted Environmental Health or the antisocial behaviour unit at the council? Most of what you describe sounds very unpleasant but not serious enough for the police to be involved. In general you cannot be anonymous, otherwise people would be making spurious complaints about their sworn enemy or ex partner right left and centre. However your name and address should not be passed onto the culprit. Again the HA have limited powers without evidence which the other residents need to supply, you can't expect them not to renew a contract because they have had anonymous and unsubstantiated tip offs, you'd be gutted if you were evicted on the strength of that. IMO you also need to complain a bit more often than once a month.

kloana

Fire_Fox wrote: »

Have you contacted Environmental Health or the antisocial behaviour unit at the council? Most of what you describe sounds very unpleasant but not serious enough for the police to be involved. In general you cannot be anonymous, otherwise people would be making spurious complaints about their sworn enemy or ex partner right left and centre. However your name and address should not be passed onto the culprit. Again the HA have limited powers without evidence which the other residents need to supply, you can't expect them not to renew a contract because they have had anonymous and unsubstantiated tip offs, you'd be gutted if you were evicted on the strength of that.

I only contacted the police last week over one specific incident (the attempted break-in). For the mere nuisance issues, I've been complaining anonymously to the HA alone, just in case of any repercussions. Quite half-heartedly, due to change in circumstances (imminent move), but will continue to complain. I do know that several other residents have complained, too, at least one of whom has not gone down the anonymous route. Didn't consider complaining to EH - thanks for the tip.

ETA in relation to your added line (complaining once a month) - the young chap in question behaved excellently for a couple of months, only for it all to 'kick off' again quite recently.

In a seperate incident, he had a brick put through his window on Friday night. Reason unknown, but it's rattled other residents with fear and intimidation.