All tenants have the right to quiet enjoyment of their home. All household members and visitors must respect the right of their neighbours to feel safe, be comfortable within their home and have privacy.
Homes North’s Antisocial Behaviour Management policy explains how Homes North manages tenancy breaches caused by incidents of antisocial behaviour.
Homes North will, in all instances, work to ensure that mitigating factors of mental health and domestic and family violence and any other social factors are considered in dealing with antisocial behaviour and will work where ever possible to sustain community housing tenancies.
What is Antisocial Behaviour?
Antisocial Behaviour is behaviour which may unreasonably disturb the peace, comfort or privacy of other tenants or neighbours or any other person living in the vicinity of the premises. It is behaviour that breaches the provisions of the Residential Tenancies Act 2010.
The behaviour may include violence, harassment, criminal and illegal activities by tenants, other household occupants and visitors that cause deliberate or reckless damage to a Homes North property or place the safety of others at risk.
Categories of Antisocial Behaviour
Homes North has defined antisocial behaviour in the following three categories:
- Severe illegal behaviour is behaviour which poses a risk to the safety or security of residents or property and may result in criminal charges and/or conviction; or significant damage to a Homes North property.
- Serious antisocial behaviour involves activities that severely disturb neighbours; place the safety or security of a tenant, other household members, neighbours or Homes North staff at risk; or cause damage to a Homes North property.
- Other significant antisocial behaviour involves activities which disturb the peace, comfort or privacy of other tenants or neighbours.
What does Homes North do when a complaint is received?
If Homes North receives a complaint relating to antisocial behaviour, Homes North will investigate the matter. Homes North may contact the complainant to gather evidence of the claims being made and may speak with other witnesses and agencies, including NSW Police. The tenant accused of the antisocial behaviour will be provided the opportunity to reply to the allegations made against them and Homes North will determine, based on the investigation and evidence provided, whether or not the complaint is substantiated.
Homes North will then respond to both the complainant and the accused tenant notifying them of the action Homes North has taken. In the case of severe and serious cases this may lead directly to action being taken through the NSW Civil and Administrative Tribunal (NCAT) to seek termination of the Tenancy Agreement. In minor cases it may lead to the issuing of a Strike Notice. If three Strike Notices are issued within a 12 month period, Homes North may take action to end the tenancy.
Appeals for Strike Notices for Antisocial Behaviour
If you believe the decision to issue a First Strike or Second Strike Notice is wrong you should first discuss your concerns with your local office. If you still believe the decision made was wrong, you can ask to have the decision reviewed.
A request to review this decision must be made within 21 calendar days of the decision to issue a First or Second Strike Notice. If you do not lodge an appeal within that period, no other appeal to Homes North or the Housing Appeals Committee will be available.
To do this fill in the Appeals form available from your local Homes North office.
What can a Tenant do if a complaint is received about them?
- Contact Homes North immediately
- Follow the directions set out in the letter you have received
- Attend the scheduled meeting with Homes North
- Provide evidence to Homes North
- Cease any antisocial behaviour immediately.
You can also find details of support services at your local Homes North office or online at www.hsnet.nsw.gov.au Accessing support may assist you to meet your tenancy obligations and reduce the risk to your tenancy. For independent and free advice you can call:
- Your local tenants advisory service NEWTAS on 1800 836 268
- The Department of Fair Trading, Renting Services on 133 220
- Tenants’ Union of NSW advice line on (02) 8117 3750 or 1800 251 101 or look at their website at www.tenants.org.au, or
- Law Access on 1300 888 529.
How do I report Antisocial Behaviour and what will I need to provide?
You can report Antisocial Behaviour by:
- Completing one or both of the following forms available at homesnorth.org.au and providing them to your local Homes North office:
– Serious Incident Diary; which is a running log of continuous incidents; and/or
– Witness Incident Report; which provides details of one incident
Are all your questions answered?
If all your questions have not been answered in this fact sheet you can: