Taking Southwark council to court for their tenant's anti-social behaviour....

[pilsbury]

Incredibly long story short - we had had issues with our neighbour who lives in a Southwark council property for over five years now. I won't go into the details but he shouts and swears abuse and racist profanities at us. We have engaged with his Housing Officer & with the police on more occasions than I'd care to mention, but have made zero to little progress. It is seriously impacting the mental health of all of my family, as well as our capacity to work from home. Does anyone have any experience of suing (or threatening to sue) Southwark Council because their tenants are in breach of their contract by behaving in this anti-social manner? If anyone has any guidance of who we might be able to speak to, I'd be incredibly grateful, as we have almost reached breaking point 😞

[Froglander]

Sorry to hear about this.  Do you have legal expenses cover in your home insurance that would allow you to consult a solicitor?   What did the housing officer say/do?  Did you go through the formal complaints procedure that all councils seem to require?   I think that you can then go to the Local Government Ombudsman after this procedure has been gone through.   But do call the LGO first.

 

 

 

 

 

Edited July 31, 2024 by Froglander
Addition

[Angelina]

I'm not sure what it would gain. The court ordering Southwark to issue an ASBO possibly. 

Have you tried contacting your local counsellor and seeing if they can help?

Have the police followed up with the person? They ought to have done. 

 

[IlonaM]

You really need to speak to a lawyer/CAB for advice on 1) who is the most appropriate to sue, Southwark or the tenant and 2) whether there are other options.

Complex area to get quick resolution as, based on his behaviour, it sounds as if your neighbour might have mental health issues. Is the local Community Mental Health Team involved?

Also regarding police, are you solely reporting to the Met or have you also approached your local Safer Neighbourhood Team? They can be very good on asb and neighbour disputes. That said, if you and your family are in immediate danger call 999.

Keep on at Housing Officer/RSO and also try to get Southwark's ASBU engaged.

Good to get councillor and/or MP support and advice.

Is Southwark also your freeholder?

See brief summary re landlord's potential responsibility for tenant's asb: https://www.insight-law.co.uk/blog/are-landlords-responsible-for-tenant-behaviour/ - on a landlord & tenant law firm's website. Good indication of what questions to ask etc..

Also Shelter England: https://england.shelter.org.uk/professional_resources/legal/housing_conditions/nuisance_and_asb/complaints_to_social_landlords_about_antisocial_behaviour

Edited July 31, 2024 by IlonaM
Addition of Shelter England details

[pilsbury]

I have just realised that I never responded to this thread, but wanted to thank you all for your words of advice. We have engaged over a period of many years with both the council and the police, but neither of them are taking responsibility for this issue, hence why we are wanting to escalate. Anyways, there's a few additional pieces of info above that we hadn't considered, so thank you!

[Sue]

1 hour ago, pilsbury said:

I have just realised that I never responded to this thread, but wanted to thank you all for your words of advice. We have engaged over a period of many years with both the council and the police, but neither of them are taking responsibility for this issue, hence why we are wanting to escalate. Anyways, there's a few additional pieces of info above that we hadn't considered, so thank you!

Good luck.

Did you go to the top at the council? Because often that will bring results that dealing with people lower down the chain doesn't.

[CPR Dave]

If the harassment and abuse is persistent it might also be worth considering whether you can get a restraining order as a pre-cursor to having the neighbour arrested and imprisoned for continually breaching it?

[Mabaker]

The tenancy agreement stipulates that eviction proceedings can be instigated against any tenant or a member of the household for breach of tenancy.One of the breaches is antisocial behaviour, so the Housing Officer has a duty to investigate, collect evidence and initiate possession proceedings against the tenant. When they receive a complaint, they should first call the tenant for an interview and put the complaints to them. The HO reminds them that anti social behaviour is a breach of tenancy. They inform the tenant that they will be closely monitored and that their tenancy is at risk of they continue. I know this because I was a HO and this was my job. You should go back to the HO and ask if they have done this. If they have dragged their heels on this, proceed to the Council's formal complaints procedure. Not sure of the timeline off head but if no joy after this and you are not satisfied with their response, make a complaint to the ombudsman who has a duty to investigate.