This section looks at some of the options you may have if you need to move to escape the effects of antisocial behaviour. It also looks at problems you may have in accessing accommodation in future if you have behaved antisocially yourself.
Moving to escape antisocial behaviour
If you are a victim of antisocial behaviour or harassment, you can consider moving. Your options depend on whether you own or rent your home and, if you're renting, who your landlord is. Whatever your situation, make sure that you have somewhere affordable to go to. If you need help working out your options, contact a local advice centre before you move out - use our directory to find one.
If you are a homeowner
It is a big and expensive step to sell your home, but this may be the best solution in extreme circumstances. However, when you sell, remember you must answer any questions the buyers have about the neighbours honestly. Most buyers will ask about neighbours and your relations with them and sellers have been successfully sued for providing false information.
If you rent from the council or a housing association
If you or your family are suffering from serious antisocial behaviour, you can ask your landlord to rehouse you somewhere else, either while the problem is dealt with, or permanently. Make sure that you don't end up being billed twice if you are moved temporarily. For a temporary move, you may have to put up with something less suitable than your current home, but if it is a permanent home make sure that you are being offered a fair equivalent.
If your landlord won't rehouse you, you may be able to get a transfer. You may need to provide evidence from agencies such as the police, your GP and your children's school to support the transfer request, explaining the effects that the antisocial behaviour is having on your household's health and welfare. Your application for a transfer will be dealt with in the same way as new applications to go on the council's waiting list.
Alternatively, you may be able to arrange mutual exchange. However, if you do this, make sure that you answer any questions about your neighbours honestly. If you pretend there are no problems with neighbours the swap may fall through, but if you are honest from the start you could find someone who isn't too worried about things that are a real problem for you.
If you rent from a private landlord
Most private landlords don't have other properties to move you to. But you can always end your tenancy and move somewhere else. Make sure you end your tenancy properly. You will normally have to give some notice but sometimes a landlord will allow you to leave early. If your landlord will not discuss this option with you, contact an adviser to find out what your options are.
Applying as homeless if the situation is so bad that it's unreasonable for you to stay in your home
If you are suffering from antisocial behaviour that is so bad that you cannot reasonably be expected to remain in your home, the council may have a duty to provide emergency housing for you. Use our free online assessment to get an idea of the help you might be entitled to.
To get help in this way you need to make a homelessness application to the local council. You do not have to be sleeping on the streets. In fact, if possible, you should not move out of your current accommodation or give your landlord notice until you have made an application and spoken to an adviser. If you give up your current home without looking at the possible alternatives, the council might decide that you made yourself homeless intentionally.
Moving the people who have behaved antisocially
It is a common misunderstanding that council and housing association landlords can simply move a tenant who is behaving antisocially to another home. This cannot happen and would not achieve much if it were possible. It would simply move the problem to a new area.
However, council and housing association landlords may be able to take action in other ways, such as by:
- arranging negotiation and/or mediation
- seeking an ASBO or injunction
- demoting the person's tenancy
- using eviction as a last resort.
If despite your complaints, the council or housing association landlord fails to take action, or you are not satisfied with the action they take, you can make a complaint using their formal complaints procedure. If you are not happy with the outcome of your complaint you can take it further to the Local Government Ombudsman (for councils) or the Housing Ombudsman Service (for housing associations). Alternatively, you make be able to seek judicial review or a private prosecution. However, you will need help from a specialist adviser or solicitor of you want to do this.
Applying as homeless after an eviction for antisocial behaviour
If you are evicted from your home because of antisocial behaviour you could consider making a homelessness application. You don't have to be on the street to do this and the council may have a duty to provide temporary accommodation for you.
However, the council may say that you have made yourself homeless intentionally because you have been evicted because of your behaviour. If this happens, the housing department of the council may only have to help you for a short time. However, depending on your circumstances, you may be able to get further help from social services.
Applying for council or housing association housing if you have a history of antisocial behaviour
In most cases, you will not be eligible to go on the waiting list for council or housing association properties if you, or any member of your household, have been involved in serious unacceptable behaviour. Alternatively, the council may agree to put you on the housing register, but not give you any priority when deciding who to house.
This can only happen if the council decide that you have done something so serious that they would have been able to evict you if you had been a council tenant at the time. It might happen if an injunction or ASBO has been made against you and you have not stuck to the conditions.
If the council decides that you are not eligible because for this reason, they have to notify you in writing and explain for their decision. You should get advice at this stage to find out whether you can get the decision changed by requesting a review. This might be the case if:
- the antosical behaviour happened a long time ago and you have maintained a tenancy without problems since then, or
- your behaviour was due to a physical or learning disability or mental health problems, and you could maintain a tenancy if appropriate care and support were provided.
Contact a local advice centre to find out whether you can challenge the council's decision. An adviser can look into your situation and may be able to help you show that what happened was not your fault, was outside of your control, or was not serious enough to mean that the council should decide you are not eligible.
