Tenancy Enforcement Team
The Tenancy Enforcement Team at Torfaen County Borough Council was established in November 2005.
The teams main aims were to improve the quality of life for residents of Torfaen by:
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Implementing new Policy and Procedures in tackling Anti Social Behaviour (ASB)
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Establishing protocols with partner agencies/departments
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Working alongside Estate Management Officers, gathering evidence, acting as professional witnesses, taking witness statements and providing witness support.
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Tackling ‘the worst first’ i.e. tenants who have caused major problems for their neighbours, throughout the borough, but due to a lack of firm evidence no action could be taken.
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Concentrating on ‘hot spot’ areas where, for various reasons, an area has suffered from a high incidence of ASB.
Below are 3 real case studies that the team have been involved with (the names have been replaced to hide the identities) to show the effectiveness of their work.
John was a 21yrs old male and had been a tenant for 3 years. There were numerous complaints when he first moved in but following action taken he realised his tenancy was at risk and modified his behaviour.
Anonymous complaints were then received of loud parties each weekend. A property inspection showed that a great deal of damage had been caused to windows, doors and walls. A drug raid by the Police found a small amount of cannabis and the tenant received a caution for possession.
On speaking to the local Police it appeared that the tenant had made numerous calls to them as gangs of youths forced their way into his flat, even if he was not there, damaging doors and windows to gain access. Persons in question were well known to the Police but because of fear of repercussions the tenant will not make any formal complaint. The Police spoke to many of those persons who are targeting the obviously vulnerable tenant but the problems continued. John was offered Tenancy Support but he failed to engage.
Following further complaints a Notice of Seeking Possession was served on him. Complaints escalated and following statements given regarding threats made and damage to a gas meter an emergency ‘ex parti’ Anti social behaviour injunction with power of arrest was obtained in the County Court resulting in John having to leave his home within an hour and not return within 300yds of the property. The first John knew of this action was when he was personally served with the Order obtained, giving him an hour to leave and not return.
Carol was a single female 45yrs and had been a secure tenant for 3 yrs in a high storey block of flats. Complaints were received about her boyfriend seriously assaulting her with neighbours hearing screaming, banging of doors etc. Police and Ambulance attended on a regular basis, sirens blasting, often in the early hours of the morning with the tenant being hospitalised many times. Each time the Police imposed bail conditions on the boyfriend not to visit the block but the tenant continued to let him in and would not press charges. The Police’s Family Support Unit attempted to engage with the tenant to offer her support but she has refused to engage.
The most recent assault involved a neighbour going to the tenant’s aid when being beaten by her boyfriend. This neighbour could have sustained serious injuries as a result.
An application was made to the court for an ex-parti Anti social behaviour injunction with power of arrest requiring the tenant’s boyfriend to leave immediately and not return within 100yds of the property.
Stephen was a 35yr old man living with his son in a 3 bed house. Over a period of 3 years complaints had been received about loud parties. In between these complaints it would often be quiet for lengthy periods. Notice of Seeking Possession was served and Environmental Health served a Noise Abatement Notice. Following this action complaints escalated and damage was caused to neighbours’ vehicles by visitors to the address and a neighbour was threatened by another visitor. An ex-parti Anti Social Behaviour injunction was obtained with Power of Arrest forbidding the tenant causing nuisance or annoyance, using or threatening to use violence or breaching his tenancy conditions.
Ten days after being served with this order, Stephen was arrested for playing loud music very late at night thereby breaching the injunction. He appeared in court the following morning and as it was a Saturday the Judge adjourned any hearing until the Monday and released him from custody varying the order preventing Stephen having any visitors to his property after 10pm.
At Monday’s hearing the Judge adjourned to hear evidence with the possession proceedings in 6 weeks time.
Seven days after this the order was again breached by playing loud music. He was arrested and appeared before a Judge the following day. This Judge gave a sentence of 14 days in custody suspended for 3 months and ordered that Stephen pay the Council’s costs.
Twenty days after this, on Boxing Day night, Stephen was arrested for having persons in his home after 11pm at night thereby breaching the Injunction. He appeared in court the following day, found guilty and was given a total of 42 days in custody. 14 days for the previous breach and 28 days for the most recent one.