The Anti-Social Behaviour Policy was adopted by Wicklow County Council in November 2010. This policy ensures that anti-social behaviour will not be tolerated, and will ensure that the quality of life of other tenants will not be affected in any way. The document explains in detail the objectives of the statement, council strategy, legislative provisions, complaints procedure and investigation procedure.
Anti-social behaviour emanating from tenants of the Private Rented Sector is not a matter for the Local Authority. Complaints in this regard should be made directly to the landlord, who has particular obligations to ensure that the tenancy is adequately managed. If the landlord does not co-operate, a complaint can be made to the PRTB, who have the authority to make a ruling and award damages.
Anti-Social Behaviour Policy
This policy contains two main sections: general anti-social behaviour and tenants found in possession of drugs in their house .
The section dealing with anti-social behaviour deals with anybody hurting or intimidating neighbours or their visitors. It is tied in with part ten of the tenancy agreement, which states: “The Tenant shall not cause any nuisance or be guilty of or permit of any conduct likely to cause annoyance or disturbance to his neighbours.” This means that not only will a tenant be in breach of tenancy if they are causing a nuisance or disturbing his neighbours, but they will also be in breach if any visitors to their house is causing a nuisance.
In addition, any tenant found with a partner living with them, without the consent of Wicklow County Council, is in breach of tenancy and action will be taken against this tenant.
The section regarding drugs deals with possession of drugs for the purpose of sale or supply, under the Misuse of Drugs Acts, 1977 and 1984. Any tenant found to come under the above will be immediately evicted.
What is the difference between anti-social behaviour and nuisance behaviour?
Anti-social behaviour includes either or both of the following as defined in the Housing (Miscellaneous Provisions) Act 1997:
- The manufacture, production, preparation, importation, exportation, sale, supply, possession for the purpose of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts 1977 and 1984)
- Any behaviour that causes or is likely to cause any significant or persistent danger, injury, damage, alarm or loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts, 1966 to 2002, or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate or a site and, without prejudice to the foregoing includes: a) Violence, threats, intimidation, coercion, harassment or serious obstruction of any person; b) Behaviour that causes any significant or persistent impairment of a person’s use or enjoyment of his or her home or c) Damage to or defacement by writing or other marks of any property, including a person’s home.
What do I do if there is anti-social behaviour happening on the estate?
If you believe anti-social behaviour is taking place on your estate, you are advised to raise the matter with your Resident Support Worker (RSW). Your RSW will then explain to you the Respond! Anti-Social Behaviour Policy and what the next steps to be taken will be.
Dog barking – how do I deal with this?
Excessive barking that causes a nuisance to any person is an offence. In a good-neighbourly manner, let the dog’s owner know how the barking affects you. They may not have realised what was happening. If that approach fails, please speak with your RSW who can then let you know what steps can be taken to remedy the situation.
Noise pollution, loud music from my neighbours – who do I report this to?
Local authorities have overall responsibility for monitoring noise pollution so any difficulties you are experiencing should be reported to them.