Disputes between neighbours, involving Cynon Taf tenants, may occur from time to time. These will more commonly involve noise nuisance, problems with pets, children, gardens or simply personalityclashes. Where these are not resolved by the people concerned, Cynon Taf will seek a quick solution within the context of the law, requirements of the tenancy agreement and common sense.
In a small number of cases the problem will constitute harassment of one neighbour by the other. Cynon Taf has separate policies and procedures to cover cases of harassment and more specifically ethnic harassment.
How to report the problem
Cynon Taf will not usually act on a verbal allegations or hearsay. It is necessary for the substance of the matter to be written down and addressed to the Director of Tenant Services. However, staff will assist where you have difficulty in meeting this requirement.
Within one week of receiving an allegation, (or as soon as possible where physical violence is involved), a Cynon Taf officer will:
visit the people involved;
record the facts concerning the nuisance;
provide advice leaflets
where appropriate, seek agreement for a referral to the Community Mediation Service;
where appropriate, advise of any legal remedies that individuals may pursue;
advise both parties of any action that Cynon Taf intends to initiate.
During this process care will be taken to avoid any rash judgements and no action will be taken until both sides of the argument have been properly investigated.
Finding a solution
The best way of dealing with nuisance is through co-operation between the neighbours concerned and every effort will be made to encourage this including referral to the Community Mediation Service.
Anti Social Behaviour Orders
Difficulties in Court proceedings and the nature of most allegations means that, where application for an ASBO is deemed necessary, it will be necessary to gather as much evidence as possible. Written confirmation that neighbours will give evidence in Court is essential, otherwise an ASBO can not be obtained.
Breaches of the Tenancy Agreement
Where other efforts have failed and a breach of the tenancy agreement is indicated Cynon Taf will:
interview the tenant concerned;
inform the tenant of the legal remedies available to us;
provide written details of the breach of tenancy and the likely further action;
Record all the facts concerning the nuisance.
Should it be felt that the situation is serious enough to warrant re-possession of the tenant’s home and enough information has been gathered, then the formal Notice Seeking Possession will be issued to the tenant.
Following service of the Notice, further evidence will need to be collected. It is not easy to get a Court Order for nuisance. Cynon Taff will not instigate proceedings without written confirmation from neighbours that they will attend Court and give evidence.
Cynon Taf’s aim is to end the nuisance and not to necessarily evict the tenant. A Suspended Possession Order will therefore be requested in all but the most extreme cases. However, if the nuisance continues after the Court Order, eviction will take place.