Flat-Living.co.uk ARMA
noise
nuisance. This power is for use as a last resort after other measures
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have failed and can be applied for by the police or local authority. The
•
Lessees are encouraged to resolve neighbour noise themselves
sort of problem it could help with would be prostitution, drinking dens
•
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unless there is a threat of physical violence - see ARMA LAN06 on
or violent offences committed in the premises.
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noise problems.
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Local authorities can act to abate a statutory noise nuisance. There AbAndoned vehiCLes
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is no legal definition of what is a nuisance and lessees will need to
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Please report an alleged abandoned vehicle to your agent. Remember
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keep records to provide evidence if the noise is infrequent. Most local
that an agent has to be cautious about removing abandoned vehicles;
authorities have emergency response teams to deal with complaints
they often turn out not to be.
about late night parties and can issue warnings, seize offending
equipment and issue fixed penalty notices.
obsTruCTion oF CoMMon pArTs
grAFFiTi Report this to your agent. Please get the facts first about who caused
the obstruction.
A local authority officer or the police can issue fixed penalty notices in
relation to minor graffiti and fly-posting offences.
dAMAge To CoMMon pArTs
dogs Lessees or their tenants may damage carpets and decorations by
misuse leaving stains and refuse behind. Most leases will contain
Incessant barking can be dealt with by the local authority as noise
clauses that provide that lessees will pay for any damage they cause
nuisance. It is also a crime to allow an animal to endanger or injure
to the common parts. There would have to be clear evidence to
other persons. The RSPCA are also a useful partner that a lessee can
identify a culprit not circumstantial.
contact for advice before approaching the local authority. See the
leaflet for dog owners on dog barking listed below.
hArAssMenT
hedges Harassment may be dealt with in the same way as other anti-social
behaviour by a direct approach and/or mediation unless there is a risk
Local authorities have powers to deal with complaints about high
of physical violence. If there is a threat of violence you should report
(over 2 metres) evergreen hedges which adversely affect a neighbour’s
it to the police. It is a criminal offence to make someone believe that
enjoyment of his property. The local authority can issue a notice
violence will be used against them. An ASB order may be applicable.
requiring action to be taken; failure to comply would be an offence.
The local authority could then take the action itself. (See below for a
FurTher inForMATion
helpline and leaflets.)
• The Government has a website devoted to anti-social behaviour
drugs And iMMorAL behAviour
issues
www.respect.gov.uk
If there is suspected drug dealing, police have a power to issue a
• You can search for a local mediation service on
closure notice on premises. The closure order will apply for from 3-6
www.nationalmediationhelpline.com
months and during this period the property will be sealed and entering
• LEASE mediation service can be found at
www.lease-advice.org
will be an offence.
or ring 0845 345 1993.
If you suspect there is drug dealing in a flat in your block tell the
• There is an action help line on anti-social behaviour issues - the
police first of all and then do tell your agent.
Respect action line - 0870 220 2000.
• Together = a guide to the Anti-social Behaviour Act 2003.
ACCepTAbLe behAviour AgreeMenTs Home Office publication.
• Free Leaflets on high hedges include ‘Over the Garden Hedge’
Acceptable behaviour agreements are used by local authorities to
and ‘High Hedges: complaining to the council’. Download from
tackle early signs of anti-social behaviour by young people. They are
www.communities.gov.uk/treesandhedges.
relevant to issues such as graffiti, racist behaviour and threatening
• Hedgeline is an independent advice line on hedge problems. Go
behaviour. Contact the police or local authority.
to
www.hedgeline.org or tel. 0870 2400 627.
Specialising in Block and
AnTi-soCiAL behAviour orders (Asbo)
• Drugs - national drugs help line 0171 928 8900
• Find your local CAB Citizens Advice at
www.adviceguide.org.uk.
Estate Management since 1990
Any member of the public can ask the police or local authority to apply
• Dogs:
www.dogstrust.org.uk.
to a magistrates’ court for an ASBO against someone causing alarm,
• Leaflet on barking dogs from
www.defra.gov.uk/environment/
Covering London and the South of England
distress or harassment.
noise/pdf/barkingdog.pdf
ASBOs are civil orders that prohibit a person from specific anti-
24/7 Emergency Cover
ARMA Sources
social acts and from entering a defined area on a map. They are used
LAN 06 Noise from
www.arma.org.uk
A family business offering a personal service
to tackle more serious anti-social behaviour, including families with
patterns of behaviour leading to verbal abuse and intimidation.
Association of Residential Managing Agents Limited (ARMA)
178 Battersea Park Road, London SW11 4ND
tel: 01344 823650
injunCTions Tel: 020 7978 2607 Fax: 020 7498 6153 email:
enquiries@jmlettings.co.uk
Email:
info@arma.org.uk Website:
www.arma.org.uk
Local authorities can use powers under the Local Government Act
www.jmestates.co.uk
1972 to obtain an injunction in a county court to prevent a public Whilst every effort has been made to ensure the accuracy of the information
nuisance. These injunctions have been used to prevent begging, drug
contained in this Lessee Advisory Note, it must be emphasised that because
the Association has no control over the precise circumstances in which it will
dealing and prostitution. Injunctions can be quicker than obtaining a
be used, the Association, its officers, employees and members can accept
criminal prosecution and use civil rules of evidence. Courts can also no liability arising out of its use, whether by members of the Association or
attach a power of arrest to the injunction.
otherwise. The Lessee Advisory Note is of a general nature only and makes no
attempt to state or conform to legal requirements; compliance with these must
be the individual user’s own responsibility and therefore it may be appropriate
preMises CLosure orders to seek independent advice.
The courts can temporarily close any premises, including common
ARMA Lesse Advisory Notes also available from
parts of flats, associated with significant and persistent disorder or
www.flat-living.co.uk
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