Anti-Social Behaviour (ASB) and Neighbour Disputes

We take reports of antisocial behaviour seriously and we are committed to acting quickly and appropriately. Below you will find:

·      What antisocial behaviour is

·      What you can do if affected

·      How Bield will respond

·      The actions we may take

What is antisocial behaviour?

Under the Anti-Social Behaviour etc (Scotland) Act 2004, antisocial behaviour is where a person:

·      Acts in a manner that causes, or is likely to cause alarm or distress, or

·      Pursues a course of conduct that causes, or is likely to cause alarm or distress to at least one person who is not in the same household.

We categorise antisocial behaviour into three levels:

Category

Description

Examples

3 – Very Serious

Criminal activity or extreme threats

Drug dealing, serious assault, hate crime

2 – Serious

Ongoing disruptive or intimidating behaviour

Vandalism, harassment, frequent aggressive shouting

1 – Nuisance

Lower-level or infrequent issues

Noise complaints, boundary disputes

What is not antisocial behaviour?

Bield cannot intervene in every instance where something may be distressing or inconvenient. The following are not normally considered antisocial behaviour

·    Reasonable noise from children playing

·    Personal disputes between tenants or within families

·    People coming and going, unless their behaviour is disruptive

·    Being stared at or feeling uncomfortable (without other behaviour)

·    Parking issues – spaces are unallocated and first come, first served

·    Everyday domestic noise, such as:

o    Footsteps or walking

o    Toilets flushing

o    Conversations through walls

o    Household activity such as vacuuming or reasonable TV/music levels

o    Banging internal doors

While these may cause frustration, they are not breaches of tenancy. We may speak to tenants to raise awareness, but formal action is unlikely unless part of a broader pattern of behaviour. 

What you can do if affected

If you are experiencing persistent issues

·      Talk to your neighbour if safe and appropriate – they may not realise the impact of their behaviour. However, be mindful that there may be underlying support needs, cognitive impairment or behaviour issues you are not aware of

·      Speak to your Local Manager or Area Housing Manager

·      Record what’s happening – keep a diary of dates, times, and what occurred

·      Collect evidence if safe to do so (photos, recordings)

·      Report criminal behaviour to the police - for example drug use, assault, or hate incidents

Ask yourself:

Is this affecting your sleep, wellbeing, or health?

Is this happening frequently?

Is the situation escalating?

How to report antisocial behaviour

You can speak to your Local Manager or Area Housing Manager in confidence. We will:

·      Listen to your concerns

·      Provide advice and support

·      Explain what actions we can take

·      Keep your identity confidential

For serious or threatening issues, always contact the police first, then notify your Local Manager or Area Housing Manager.

How we respond and categorise reports of ASB?

We aim to resolve cases as soon as possible, but our response will depend on the severity of the complaint.

Type of complaint

Our response

Category 3 

Contact within 1 working day

Always report to Police first.

Category 2 

Contact within 3 working days

Category 1 

Contact within 5 working days

 Examples of issues and our advice

Issue

What you should do

What Bield will do

Cannabis smell

Report to the police. If it is persistent and linked to a specific flat, notify your local manager

We may issue a warning if the source is known, but if unidentifiable or from a visitor, our ability to act is limited.

Noise nuisance

Describe the type of noise (eg loud TV, music, mechanical sounds), keep a diary, report to local authority noise teams or Police if late at night

We may visit the neighbour, assess tenancy breaches, and may recommendd mediation or monitoring 

Drug activity

Report to Police regularly

Can act if Police confirm and corroborate concerns

Hate crime

Always report to the Police

We can follow up with tenancy enforcement if police confirm a crime

Animal welfare

Report dangerous animals to Police, neglect to SSPCA

We promote responsible pet ownership and investigae breaches of pet agreements

Ongoing disputes

Document issues, speak to us early

May involve support services, mediation or tenancy warnings.

What action can Bield take?

We will use a range of interventions, depending on the issue:

·     Interview those involved

·     Gather supporting evidence from partners

·     Recommend mediation (if both parties agree)

·     Refer to support services or social work

·     Issue formal warnings

·     Acceptable behaviour contracts

·     Good Neighbour agreements

·     Tenancy enforcement – including conversion to a Short Scottish Secure Tenancy

·     Legal action – in persistent or severe cases, this may lead to eviction

Need More Support?

Whether you are experiencing antisocial behaviour or accused of it, you may benefit from additional support. We may signpost or refer you to:

·      Social work services

·      Citizens Advice Scotland (CAB)

·      GP or mental health services

·      CADS - local alcohol and drug services

·      MoodJuice – online mental health support

·      Police Scotland

 

Managing expectations

Please be aware

·    Legal action is a last resort – it is complex, takes time (12 – 24 months in some cases), and depends on strong evidence

·    We cannot act on anonymous complaints unless there is corroboration

·    Without evidence of a clear tenancy breach, we may not be able to take formal action

·    We will always seek to resolve issues informally before progressing to formal action or court.

Cannabis Smell in Communal Areas or properties

We understand that the smell of cannabis can be unpleasant or distressing for some tenants. However, it is important to note the following:

·    Cannabis use is a criminal offence, and the responsibility for investigating and taking action lies primarily with Police Scotland.

·    If you are concerned about regular smells or suspected use, we encourage you to report this directly to the police by calling 101.      You can also report anonymously through Crimestoppers.

·    In most cases, unless the police  investigate and confirm criminal activity, we are unable to take direct tenancy enforcement              action   – particularly whe the smell is in the communal areas or the source cannot be identified.

·    If the source is known and the issue is persistent, your Area Housing Manager may issue a tenancy warning, depending on the circumstances. However, our ability to intervene is limited when there is no clear evidence or corroboration.

 

Please note: Even when tenants report smells regularly, police do not always treat this as a priority and this can be frustrating. We want to be honest about what we can and cannot do – and will always try to support you with advice and signposting.

Sources of support

Victim Support Scotland

Helpline      0800 160 1985 (Mon–Fri: 8 am–8 pm; Sat–Sun: 10 am–4 pm)

Website       victimsupport.scot

Scottish Women's Aid

Helpline      0800 027 1234 (24/7)

Website       Safer.scot

 

Rape Crisis Scotland

Helpline     08088 01 03 02 (daily, 6 pm–midnight)

 

Scottish Women’s Rights Centre (SWRC)

Helpline      08088 010 789 (Mon–Wed & Fri - varied hours)

 

Action Against Stalking (Scotland)

Helpline      0800 820 2427

 

Abused Men in Scotland (AMIS)

Helpline      03300 949 395

 

Amina – Muslim Women’s Resouce Centre

Helpline       0808 801 0301

 

FearFree (LGBT+)

Helpline       0131 624 7270 Safer.scot

 

Breathing Space

Helpline      0800 83 85 87

 

Shelter Scotland

Helpline      0808 800 4444

 

Samaritans

Helpline       116 123