Are extremely

 Noisy NEIGHBOURS NN’s

From Rented Properties

Preventing you from having a

PEACEFUL NIGHTS

 REST?

If so, and you feel alone with this

 NUISANCE

Than contact, APL where HELP & SUPPORT is available.

What is ANTI-SOCIAL BEHAVIOUR?

The Housing Act 1997 [miscellaneous provisions] defines ANTI-SOCIAL BEHAVIOUR as

[b.] Any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house.

... And without prejudice to the foregoing, includes violence, threats, intimidation, coercion, harassment or

When applied to the “EXPERIENCE”

1.       Persons, of the adjoining house or close by, act in a continuous extremely loud and noisy manner excessively beyond the standard of "Reasonable Inconveniences from the Activities of our Neighbours”.

2.       Walls are banged, Ball playing against walls, banging furniture etc.

3.       Tenants quarrel and are abusive to each other as can be overheard

4.       Violent threats are made at neighbours through the walls etc.

5.       Drinking starts after pub closing times generating very loud music, roaring, shouting, & cursing.

6.       Noise can last until the dawn.

FAMILY is ignored and abused when they approach tenants to lower the noise

GARDAI called out are unable to control the abusive behaviour.

PARENTS are unable or unwilling to give discipline to their son /daughter.

LANDLORDS and Auctioneers acting on their behalf, ignore pleads for assistance.

COLLEGE Authorities don't want to know.

EMPLOYERS don't want to know.

SOCIETY is PARALISED?
There is no one to call or rely on to protect the families right to peaceful living.

There are no controls in existence?

The Family's physical, emotional and mental health is in DANGER due to lack of response and assistance from society?

Formation of APL

As a result a number of Residents from Bishopstown have come together to discuss their own personal experiences over the past few years in relation to the letting of the property attached to them.
In many cases those experiences have been totally negative to the extent that they directly affect the health and quality of life of the people living attached and close by.
It was decided to support those in [a self supporting way] affected, - by the formation of an association named the Association for Peaceful Living. APL

MISSION STATEMENT:

Ø      APL will uphold the right of householders to enjoy living peacefully as A LEGAL RIGHT and will strive to ensure its members enjoy this right at all times.

Ø      APL considers loud persistent noise emanating from a house to be AN ASSULT on the person and family of the house attached or close by.

Ø      APL as a pro-active association will without hesitation commence legal proceedings.

Ø      APL will seek to make the law more effective, developing and changing it in the interests of peaceful living.

The METHODS employed will include.

1.       Securing INDEPENDENT witnesses to the anti-social behaviour ensuring a successful prosecution.

2.       Funding Legal advice and Legal proceedings from its membership income.

3.       Assisting the Gardai as independent observers in court and arbitration,

4.       Adapting an interactive sequential approach to the problem as follows

Ø      Interacting with the Tenants directly.

Ø      Interacting with bodies’ responsibility for the Tenants such as Parents-Landords-Auctioneers-Employers-Educational Institutions [UCC, CIT] etc.

Ø      Interacting with the Statutory Authorities Gardai-local Authority- Environmental Officers-

Ø      The Law &The Courts,

MEMBERSHIP

Membership is open to householders. It is hoped that Neighbours in the vicinity would assist ensuring successful outcomes.

MEETINGS

Membership meetings will take place as required

APL has met with

Cork City Council-

Local Gardai-

CIT-

FAS-

Students Unions,

Association of Landlords-

Auctioneers-

Threshold-

UCC-

Environmental officers-and

All relevant bodies to heighten their awareness of the seriousness of the problem and to encourage them to cooperate with APL in safeguarding the health and rights of people who suffer unruly tenants living attached and close by.

PROPERTY OWNERS?

APL, expects Property Owners

1.       To accept full responsibility in ensuring tenants do not engage in ASB and disturbing neighbours.

2.       To insert a strong ASB clause in their tenancy agreements and implement it

3.       To respond quickly to any requests made regarding controlling anti-social behaviour of their tenants,

APL will proactively

1. Demand the legal right of discovery to access property owners should the need arise
2. Seek to have property owners who fail to control unruly tenants registered with

Ø      The Local Authority and

Ø      The Revenue Commissioners.

TENANCY "ANTI-SOCIAL Behaviour clause.

Tenants will be on good behaviour at all times.

Tenants will avoid disturbing upsetting and creating a nuisance to NEIGHBOURS.

Tenants will keep noise levels low; avoid banging doors, shouting, high volume TV 1 radio etc.

Tenants will refrain from holding parties and large gatherings except with the consent of the neighbour.

Tenants will not consume alcohol and drugs.

Tenants may enjoy Television and Radio, but under no circumstances will neighbours be disturbed due to high volumes. Etc. The option of headphones is available.

Tenants will ensure refuse is collected each week. Should rubbish accumulate the owner will hire private refuse collectors to dump the rubbish in the interest of health and hygiene?

Tenants will understand that in the event of misbehaviour, and complaints by neighbours the College Authorities, Parents, Employers and /or the Gardai will be called / notified and the tenancy will ceased.

EDUCATIONAL INSTITUTIONS?

APL requests Students as members of an Educational Institution to behave in a reasonable manner with due consideration for those living adjacent and close by.

APL requests the Colleges

Ø      To incorporate a clause in the Student's Contract regarding ASB and stipulating the likely outcome should such an eventuality arise?

Ø      To facilitate Student's names, addresses telephone numbers to the neighbour affected.

Ø      To support APL or the resident directly concerned in dealing with the problems as follows within a rapid and quick time scale by

§         Speaking to the students involved and demand that they respond positively

§         Failing this, The College contacts the parents or guardian of the student's involved.

§         Failing this, APL expects that the Grants and fees paid to the students by taxpayers for their education to be appreciated by them and should they behave in a verifiable anti-social manner such grants and fees are withdrawn.

§         Failing this, discipline the students with sanctions that will lead to suspension and or EXPULSION.

The LAW & the GARDAI the COURTS

APL will strive to empower THE GARDAI with the powers needed to enforce law and order in this matter.

Ø      To enter a house after the third call-out to form an opinion of anti-social behaviour and to obtain the names of those within the house at that time.

Ø      To issue on the spot fines of €500.00 in the context of anti-social behaviour to both the tenants involved and the property owners.

Ø      To develop "a task force of COMMUNITY GARDAI" to deal with relationships and problems with unruly neighbours

Ø      To notify, verify and report the times and frequency of all call-outs to property owners of offending houses.

Ø      To act as witnesses verifying the incidents of ASB

Ø      To initiate prosecutions under the 1997 and other acts thereby confirming THE CRIMINAL LAW will henceforth be applicable in this context of this type of anti-social behaviour.

APL will strive to setup”NEIGHBOURHOOD ARBITRATION"

1. To deal with such issues quickly, effectively and cheaply i.e. without Solicitors or Judges but with trained lay personnel to act as a panel sitting in judgment. [e.g. community Gardai & Local Authority officials] Funding by the local authority or the State
2. To effect meaningful PENALTIES i.e.

Ø      Fines imposed of up to £1000.00 would pay for such a service.

Ø      Landlords may be prohibited from renting this property again except by a Conditional LICENCE?

3. ENFORCEMENT by the proposed community Gardai task force and Local Authority officials
4. APPEALS and failure to pay the levied fine would be referred to the COURT.

ENVIRONMENTAL PROTECTION AGENCY ACT

The Law governing NOISE AS A NUISANCE is contained in two legal instruments, namely

1. Section 108 of the ENVIRONMENTAL PROTECTION AGENCY ACTS. 1992.
2. ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 [NOISE] REGULATIONS 1994, (8.1 No 179 of 1994) makes it easier to bring complaints about nuisance caused by noise to the DISTRICT COURT.

1. One Person acting alone may now complain to the district court, signing a notice of complaint.

2. The regulations are intended to address neighbourhood type noise such as continual noise from other houses, home workshops, local businesses etc

3. When you consider a noise to he so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives you reasonable cause for annoyance you can initiate action to deal with it.

1.      Explain to those causing the noise that it is a nuisance and request it to cease in writing.

2.      Failing this, inform the person/s by notice in AN OFFICIAL SPECIFIED FORM that you will be taking your case to court.

3.      Your complaint to the Court must be at least 7 days after the date of the notice consulting with the CLERK OF THE DISTRICT COURT [DC] to seek an order to deal with the nuisance.

4.      You attend Court at the arranged time and present your complaint.

5.      The DC will hear both sides and may order the person/s making the noise to reduce it to a specific level, to limit it to specific times or to stop it altogether.

6.      The Court Order must be complied with.

7.      There is no requirement to be represented in Court by a SOLICITOR the choice is yours.

8.      The Local Authority / Environmental Protection Agency may be requested to exercise its power in relation to noise causing a nuisance.

9.      Penalties for breach of the Law are a fine of up to £1000.00 or imprisonment for up to 12 months or both

What is ANTI-SOCIAL BEHAVIOUR?

The Housing Act 1997 [miscellaneous provisions] defines ANTI-SOCIAL BEHAVIOUR as

[b.] Any behaviour which causes or is likely to cause any significant or persistent DANGER, INJURY, DAMAGE, LOSS OR FEAR to any person living, working or otherwise lawfully in or in the vicinity of a house.

[Provided by

A housing authority under the Housing Acts, 1966 to 1997, or

A housing estate in which the house is situate]

And without prejudice to the foregoing, includes

VIOLENCE, THREATS, INTUAMATION, COERCION, HARASSMENT OR SERIOUS OBSTRUCTION OF ANY PERSON."

THE DEFINITION of ANTI-SOCIAL BEHAVIOUR

- Analysed in the context of actual EXPERIENCE

DEFINITIONS

DANGER to any person "Something that is not safe or could harm you

SAFE "not in danger not dangerous”

Ø       Danger induced by nervous driving due to lack of sleep and intimidation

Ø        

IN JURY to any person

“Harm or hurt somebody” damage or injury' “Any disease and any impairment of a person's physical or mental condition.
INJURIOUS "treat someone unfairly"

The continuous Anti-Social Behaviour from tenants seven days and nights and including visitors at weekends causes the family members as individuals and as a unit to be totally nervous. The Family is injured.

1. Stability to family life, broken
2. Children seeing, their parents being unable to stop noise creates a sense of insecurity in them.
3. Sleep patterns altered.
4. Family members get sick from acute fear of continuous disruption of ones way of life and an inability to enjoy peaceful living.
5. Tiredness, - Lack of sleep which can be proven medically, Lack to energy in going to work. Unable to perform at work. Child saying I want to go to bed rather then going to school.
6. No communication between family members due to very high stress levels as a feeling of no hope emerges when knowledge of the inability of all i.e. Gardai parents landlords colleges all are unable to prevent ASB.

DAMAGE, to any person

"Harm or injury done to something. Loss or harm, physical or economical, resulting from a wrongful act and generally leading to the award of a measure of compensation. Includes the death of, or injury to, any person including the impairment of physical or mental condition.

1.        Affecting the personality of the family members

2.        Weariness of children in school directly affecting their progress

3.        Psychosomatic illnesses, ulcers, headaches.

4.        Tenants prevent family members achieving examination results

5.        Damage to the normal development to childhood to expect peaceful nights sleep,

6.        Family frightened when passing the tenants going to school and work for they have effectively taken over their lives

LOSS to any person

"Losing something, "something lost' LOSE "be without something that you once had, especially because you cannot find it'. "Fail to keep or obtain something'

1.        Loss of good Family life

2.        Loss of good relationships due to increased anxiety stress from the continuous pounding noise levels coming from the other side of the wall.

3.        Loss due to Absenteeism from work/school

4.        Loss of unity within family as stress levels build up.

5.        Loss dignity to person in neighborhood- normality of life 

6.        Loss Camaraderie of neighbours due to living next to ASB Neighbours.

FEAR to any person

"A feeling that something unpleasant may happen" "Be afraid of somebody or something"

1. The Fear / dread of the approaching letting during the summer months, effectively ruining an enjoyable summer.

VIOLENCE to any person

“Force that does harm or damage" VIOLATE- "breaks a promise or law. " "Treat a place or person without respect.

Ø       The Family may experience violence both from the tenants and from within its own members

Ø       With continuous loud noise the Family members become annoyed, angry, and frightened

Ø       In effect they are being assaulted to their mental and emotional state.

Ø       With pressure on the tenants to behave, the tenants may engage in violent acts

Ø       Over time with mounting pressure and stress levels some family members may react in violence to the tenants who have caused them so much violence and distress.

 THREATS to any person

"Warning that you will punish hurt or harm a person or thing” a sign of something undesirable" a person or thing causing damage'

THREATEN make threats against someone" be a threat of danger to a person or thing"

Ø       The Threat to ones family well being experiencing continuous disrespect, noise, etc.

INTIMIDATION to any person

“The act of frightening or coercing another into a course of action."

1. The Complainant was told to change her lifestyle, to move house and leave earlier for work.

COERCION to any person

The use of physical or moral force in an attempt to interfere with the exercise of free choice

Ø       Landlord threaten counter legal action against the complainants as a means of coercion

HARASSMENT to any person

"Trouble or annoy somebody often" HARASSMENT of OCCUPIER "It is an offense to do acts calculated to interfere with the peace and comfort of a residential occupier or member of his household.”

 " The Family experiences harassment in many forms including

Ø       Spitting as tenants pass the family's gate.

Ø       Verbally and aggressively told to move house

Ø       Verbally and aggressively told to get thicker walls

Ø       Verbally and aggressively challenged to "get the guards" as they laugh at the family, knowing the Gardai are ineffectual.

Ø       Remarks made from tenants as the family put clothes out on the line.

SERIOUS OBSTRUCTION to any person

OBSTRUCT ""Stop a person or thing from getting past' "Hinder"

TORMENT

"Make someone suffer greatly. " Keep annoying someone.
"TORTURE "Make a person feel great pain or worry.