Anti-Social Neighbour Problem & Trespass?

DIYhelp76

Hi,

I'm posting on behalf of a friend to try to get them some help re anti-social neighbours.

Elderly person (80s) living alone. Owns house - terraced. Neighbours constant anti social behaviour causing them extreme upset - feels harassed and cannot use own garden. No peace and quiet.

Neighbouring house is long term let out.  Since this family moved in they have been extremely annoying (2-3 years)- very loud shouting and screaming amongst all four family members (2 adults, 2 children). Loud swearing in house and in garden.  Music playing.  Physical fights in house with things being thrown against wall in house (which noise affects our friend) and items thrown against boundary fence in garden.  The fence is owned by our friend who is worried about damage to it.  Kids kick ball against it hard and throw garden furniture around garden.

It is a row of small terraces. The gardens of all have a right of way for access but the right of way is along a passage and not into the rest of the private garden area.

The kids next door constantly throw things into our friend's garden and then open the gate to go in to retrieve what they've thrown, trampling on plants.  The gate is left swinging open.  Lately they have opened another gate into a private garden area over which they do not have access rights and also entered that area. The kids are frequently in the garden by themselves making a lot of noise until late into the evening.

There seem to be many social issues and possible medical issues with the family/kids - at least one of whom refuses to go to school and is picked up by a taxi to take them to school where they refuse to get in and go and results in screaming, swearing and abuse almost every school morning.

They are horrible people who have no shame about their foul mouthed disgraceful behaviour.

Is landlord liable for their behaviour?  What can be done?  Is friend entitled to put up CCTV camera to have proof of their actions in the garden? Any privacy issues around this?  Would the council be of any help here especially re supplying installing CCTV camera as they are living from pension.  Any advice on camera type and how this could work - would wiring etc be needed?

Any advice on how to best to help them deal with this gratefully received. Many thanks.

BarelySentientAI

DIYhelp76 said:

Is landlord liable for their behaviour?  

No.  Why would they be?

DIYhelp76 said:

What can be done? 

Lock the gate to start with.

DIYhelp76 said:

Is friend entitled to put up CCTV camera to have proof of their actions in the garden? Any privacy issues around this?  

Yes - no issues as long as it is only covering their garden and not someone else's.

DIYhelp76 said:

Would the council be of any help here especially re supplying installing CCTV camera as they are living from pension. 

Unlikely - I don't think the councils spend their money supplying CCTV to pensioners.

Herzlos

It's definitely worth talking to the councils anti-social behaviour team and the local community police to see what the options are and have them talk to the landlord.

CCTV covering their own property is likely fine but without speaking to the above it's not going to achieve anything anyway. Something like a Blink camera is pretty easy to set up, is cheap and discrete.

It will mean that they'd need to declare a neighbour dispute if trying to sell the house but there's going to be problems there anyway.

DullGreyGuy

BarelySentientAI said:

DIYhelp76 said:

Is friend entitled to put up CCTV camera to have proof of their actions in the garden? Any privacy issues around this?  

Yes - no issues as long as it is only covering their garden and not someone else's.

The problem comes with the sound recording which inevitably the OP is going to want given the allegations of noisy neighbours as that will capture their neighbours garden and indeed has been the reason of some court cases for invasion of privacy

propertyrental

Herzlos said:

It's definitely worth talking to the councils anti-social behaviour team and the local community police to see what the options are and have them talk to the landlord. neighbours/tenants

the landlord is not responsible for the tenants' behaviour. If the Ts were smoking weed, or running a brothel, that would not be the LL's responsibility - though after a conviction the LL could evict using S8 G12 or G14 if he so chose (no obligation to do so. If he's getting the rent regularly he might not care...)

sheramber

Sounds like the child/children may be on the spectrum. Behaviour sounds familiar. 

Herzlos

Spectrum was my first thought, particularly the taxi part, but I'm not sure or if they'd really be that unmanageable.

DullGreyGuy said:

BarelySentientAI said:

DIYhelp76 said:

Is friend entitled to put up CCTV camera to have proof of their actions in the garden? Any privacy issues around this?  

Yes - no issues as long as it is only covering their garden and not someone else's.

The problem comes with the sound recording which inevitably the OP is going to want given the allegations of noisy neighbours as that will capture their neighbours garden and indeed has been the reason of some court cases for invasion of privacy

It'd be hard to expect privacy for sounds that can be heard in adjacent buildings?

propertyrental said:

Herzlos said:

It's definitely worth talking to the councils anti-social behaviour team and the local community police to see what the options are and have them talk to the landlord. neighbours/tenants

the landlord is not responsible for the tenants' behaviour.

True. I think I meant talk to the neighbors first and the landlord as a last resort.

RHemmings

There is some legal opinion that a landlord may be responsible for nuisance caused by tenants in some circumstances. However, see below. It seems that these claims of responsibility in some circumstances are not useful in any way. 

https://www.insight-law.co.uk/blog/are-landlords-responsible-for-tenant-behaviour

As a landlord, you’re not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you’ve allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur. This can not only make you very unpopular with the neighbours, but it can cause further legal headaches. Nuisance behaviour can range from noisy tenants to anti-social behaviour (which is a criminal offence), and so it’s best to address any concerns sooner rather than letting the situation escalate.

According to Bristol City Council, landlords should work with councils if a complaint is made. 

https://www.bristol.gov.uk/business/housing-for-business-and-professionals/private-landlords/anti-social-behaviour-of-tenants-a-guide-for-private-landlords

Landlord responsibilities

Landlords must take reasonable steps to prevent, identify and manage anti-social behaviour caused by tenants in their properties. Anti-social behaviour can have a detrimental impact on the community and neighbouring residents. Whilst tenants are responsible for their own actions, Landlords should take reasonable steps to prevent, identify and manage this behaviour.

Landlords of HMOs (Houses in Multiple Occupation) must also comply with The Management of Houses in Multiple Occupation (England) Regulations 2006. Duties include the duty to maintain common parts including ensuring that gardens are kept in a safe and tidy condition and a duty to provide waste disposal facilities. Failure to comply with these regulations can result in a civil penalty or prosecution.

Tenants of HMOs also have duties under these regulations.

If a complaint about tenant behaviour is made to the council, the landlord should work with our officers and assist in resolving the matter.

Landlords must takes steps to identify and deal with nuisance caused by tenants of their properties this says. However, what happens if they don't? Two legal cases against (council) landlords for nuisance caused by tenants both failed in court. 

https://levisolicitors.co.uk/nuisance-neighbours-tenants-claim/

“In general, a landlord is not liable for nuisance committed by his tenant, but to this rule there is… one recognised exception, namely, that the landlord is liable if he has authorised his tenant to commit the nuisance…  In the present case, the corporation let No. 25, Walpole Road to the Scotts as a dwelling house on conditions of tenancy which expressly prohibited the committing of a nuisance, and, notwithstanding that the corporation knew the Scotts were likely to cause a nuisance, I do not think it is legitimate to say that the corporation impliedly authorised the nuisance.”

There is plenty of legal opinion that some responsibility may fall onto landlords if they fail to take action in particular circumstances, but no evidence (that I found in a quick search) that any landlords have ever been held to account. E.g. this again claims that landlords may be responsible if they fail to take reasonable steps to stop such behaviour. But, I can't see any evidence of any such claimed responsibility actually helping victims of the anti-social behaviour. 

https://www.daslaw.co.uk/blog/6-things-landlords-anti-social-behaviour

What do I need to be aware of?

Landlords are not obligated to take action against a tenant when they are in breach of their tenancy agreement and are generally not liable for nuisance tenants. However, where landlords fail to take reasonable steps to stop such behaviour, or that the behaviour was evidently authorised by them, it can be argued that responsibility should fall upon the landlord either wholly or partially with the tenant. Landlords should therefore take anti-social matters seriously as they do not want to get themselves into a legal battle with third parties who are suffering from their tenant’s behaviour.

It does not look very useful having these legal opinions that the landlords 'may' be liable if all court cases that might establish this fail. Of course, I may have missed court cases where actions have succeeded. But, I looked and I did not find. 

If I was in the OP's position, I would make formal complaints to the landlord, and also to the council for the anti-social behaviour. I can't see any reliable legal way of forcing the landlord to act, not that I'm a lawyer, but it is possible that a landlord may have clauses in their rental agreement about causing a nuisance and possibly could choose to act. I'd also put a lock on the gate between the two properties, though I suspect the kids will just climb right over. There is always the risk that taking any action will result in escalation. 

Advice on reporting anti-social behaviour here: https://www.gov.uk/guidance/antisocial-behaviour-how-to-get-help

EDIT: More from Shelter here, that landlords may in some circumstances be responsible, but in very limited circumstances that doesn't look (to me) like it covers the situation of the OP. 

https://england.shelter.org.uk/professional_resources/legal/housing_conditions/nuisance_and_asb/complaints_to_social_landlords_about_antisocial_behaviour#title-4

It has been established that the council cannot be held to be negligent as the court has determined that it is not fair, just and reasonable to impose a duty of care on the council to control its tenants.[6] However, a Court of Appeal case[7] held a local authority responsible for placing two ill-suited neighbours in close proximity to each other, despite knowing about complaints of nuisance and a history of antisocial behaviour. The local authority was ordered to pay one of the tenant's costs and was criticised by the judge for not foreseeing that problems between the tenants may arise.

The OP does not say if the landlord is a private landlord, a social landlord, or??? However, it seems that in some circumstances a complaint to the Housing Ombudsman may be possible. From the above link:

Complaints to the Housing Ombudsman Service A complainant who has exhausted the internal complaints procedure and is still dissatisfied can complain to the Housing Ombudsman Service. The Ombudsman has the power to investigate complaints. The Ombudsman may decide that no action should be taken, or may recommend a course of action that the landlord should take and may recommend that the complainant be compensated. In a number of cases,[2] the Ombudsman has found that a landlord's failure to act on a complaint of antisocial behaviour may amount to maladministration. Find out more about complaints against social housing providers.

At least here, again in limited circumstances that may well not apply to the OP, there is some possibility of some action being taken against one type of landlord.

ThisIsWeird

DIYhelp76 said:

Hi,I'm posting on behalf of a friend to try to get them some help re anti-social neighbours.Elderly person (80s) living alone. Owns house - terraced. Neighbours constant anti social behaviour causing them extreme upset - feels harassed and cannot use own garden. No peace and quiet.Neighbouring house is long term let out.  Since this family moved in they have been extremely annoying (2-3 years)- very loud shouting and screaming amongst all four family members (2 adults, 2 children). Loud swearing in house and in garden.  Music playing.  Physical fights in house with things being thrown against wall in house (which noise affects our friend) and items thrown against boundary fence in garden.  The fence is owned by our friend who is worried about damage to it.  Kids kick ball against it hard and throw garden furniture around garden.It is a row of small terraces. The gardens of all have a right of way for access but the right of way is along a passage and not into the rest of the private garden area.The kids next door constantly throw things into our friend's garden and then open the gate to go in to retrieve what they've thrown, trampling on plants.  The gate is left swinging open.  Lately they have opened another gate into a private garden area over which they do not have access rights and also entered that area. The kids are frequently in the garden by themselves making a lot of noise until late into the evening.There seem to be many social issues and possible medical issues with the family/kids - at least one of whom refuses to go to school and is picked up by a taxi to take them to school where they refuse to get in and go and results in screaming, swearing and abuse almost every school morning.They are horrible people who have no shame about their foul mouthed disgraceful behaviour.Is landlord liable for their behaviour?  What can be done?  Is friend entitled to put up CCTV camera to have proof of their actions in the garden? Any privacy issues around this?  Would the council be of any help here especially re supplying installing CCTV camera as they are living from pension.  Any advice on camera type and how this could work - would wiring etc be needed?Any advice on how to best to help them deal with this gratefully received. Many thanks.

Sounds hellish, DIY, and it's good of you to try and assist.
How much of the behaviour can be evidenced so far? Are other neighbours also affected? If so, would they be prepared to become involved too - to act as witnesses?
If your friend has not been able to gather actual evidence so far, then they should write down a chronological account of what has taken place, timed and dated as accurately as possible, and include anything that was said or shouted as verbatim as possible. 
"15th May, mid afternoon. One of the children came out of house into their garden screaming, and then started throwing their patio furniture which struck my fence. Mother came out and shouted at the child, "Stop f'ing throwing..." Literally as detailed an account as you can.
Can you help your friend to set up discrete cameras? Try and ensure it covers only their garden, although some overlap should be fine provided it can be justified. Sound recording is also ok, and will obviously also be required here.
With CCTV, it largely comes down to the purpose of this surveillance, and what you do with the recordings. This is all about capturing antisocial and possibly criminal behaviour, so it is justified. So, add any clips that demonstrate this unacceptable behaviour to an evidence folder on a PC, and delete everything else. Do not share any of the footage except with authorised people. Most cameras with built-in cards will over-wipe every few weeks in any case, so just keep the relevant clips, dated and timed, and related to your kept log.
If you have any doubt, have an online 'Chat' with ICO.
Once set up, allow it to capture enough to provide evidence that supports what's been going on for some time. Once you have this, your friend (with you if needed) should ideally also 'challenge' their behaviour in a calm and reasonable manner, certainly the children coming in to their garden (oh, and take photos of the trampled flowers).
If the neighb's respond badly to being asked to not swear, not throw/kick things at the fence, or to prevent their ball coming over the fence, or - when it does - to ask for it to be returned (which is obviously the correct behaviour), then that is 'good' as it'll strongly assist your friend's case.
If your friend can build up a solid case of antisocial behaviour, and also demonstrate that polite requests to temper this were greeted with derision, the LA's anti-soc dept should have a simple task. 
It is only a difficult situation for these units if there isn't enough evidence. Eg, if the neighb can claim, "They said nuffink to me...", or, "The kids are only playing!", and you cannot demonstrate otherwise.
Once enough evidence has been accumulated, be prepared to call the local Bobby too, if there is any threat, aggression, or intimidation in their behaviour.
Set it up, give them enough rope. Do not be intimidated by them, and challenge it politely.
Good luck. Your neighbour is entitled to peaceful enjoyment of his home.

DIYhelp76

Thanks very much everyone for the helpful advice here, especially ThisisWeird.  I will try to source a suitable camera that we can try to install ourselves without too much fuss/difficulty and pass on the advice about keeping a diary/log. You are right, there is no actual evidence as yet, but we will begin formal gathering of this now. 

We've already added a lock to the gate to protect one part of the private part of the garden- well one part remains open as presently no way to secure that, but looking into adding a gate of some kind. Just very unfair that it's necessary to take all these steps because some people behave appallingly and have no shame about their own behaviour or concern for the distress it causes others.  

I would expect it almost certainly hasn't gone unnoticed by other neighbours (as the screams and swearing are incredibly loud and take place in the open garden for all to hear) but not being immediate neighbours they are less affected and may not want to get involved.  I'm hampered by the fact that our friend is fearful of reprisals if anything is said directly to the neighbours.  You are right, it should be politely challenged or at least a note put through their door as an initial warning and request for the behaviour to stop.  We do have the landlord's details and want to also notify them (have met them and they seem decent) and might have some influence. However, friend has to be willing to take these steps and at the moment they are saying, let's leave it a while longer as they are worried about the behaviour becoming even worse as a result, which is frustrating as they continue to suffer.  Will aim to gather evidence and then persuade a direct approach be made to the neighbours, possibly the landlord and the council anti-social department.

Thx again - if anyone has any direct links for a suitable camera which ideally might be wireless or require minimum wiring - maybe battery operated to avoid need to have to drill through for electric supply, that would be really helpful. It would have to go up fairly high to capture things - so could be awkward if we have to visit to remove memory card and copy data - is there a kind that doesn't rely on memory card but can link somehow directly / wirelessly for remote internet access?  Might be expecting too much...but hoping to find easiest solution all round.

DIYhelp76

Just had a thought - what about one of those wireless doorbells?  This could presumably be installed more easily and placed either in the back door which would capture a fair amount of what's going on, or possibly on the wall higher up? I don't have knowledge of how these work but it seems like it might be an easier, cheaper option than a camera with the advantage of being able to monitor it online (presumably).