Housing > Council housing >

Council housing - tenancy issues

Durham City Council is keen to enforce the conditions and terms specified in the Tenants Handbook, and when any breach in these terms occurs, appropriate enforcement action will be taken. Any enforcement action will follow a set written procedure and be correct, prompt, fair and sensitive.

Complaints will be accepted in writing, by phone or by personal visit. The Council investigates all complaints and fully documents all complaint details and actions taken. The Council respects the confidentiality of the complainant at all times.

Attempts will be made for a Housing Officer to have a face to face interview with the complainant as soon as possible (but within 24 hours in cases of harassment and 5 working days for other complaints).

At the end of the interview the Housing Officer will agree to an action plan with the complainant. This could involve one or more of the following:-

• the complainants discussing the problem direct with their neighbour
• involving more witnesses if there is any support for the complaint
• obtaining the views of other agencies
• complainants to keep diaries/detailed records of the nuisance

Complainants can use the 'Neighbour Complaint Incident Diary' to assist this process - original Diaries must be forwarded to the Council as copies may not be accepted in Court as supporting evidence.

Attempts will be made to interview the alleged perpetrator as soon as possible (but within 24 hours in cases of harassment and 5 working days for other complaints).

Depending on the response and the level of evidence available the following action will be taken:-

• if no further evidence is available, confirmation (in writing) will be given to both parties that no further action will be taken
• if there is sufficient evidence the perpetrator will be advised that further action must be taken. If there is a counter claim all evidence will be weighed up prior to any decision as to further action
• if the perpetrator accepts the allegations a determination will be made whether to allow a period of time to cease the nuisance or to pursue further action

Should further action be pursued, or should there be failure to improve the situation, then consideration will be given to the most appropriate legal option as follows:-

• injunction proceedings
• possession proceedings

If there is still no improvement in the situation, application will be made to the Court for an order for possession of the property. At this stage, complainants may be asked to sign a sworn affidavit to the authority's solicitor, again detailing the nature of the complaints.

In order for the authority to successfully prove that a serious breach of the conditions of tenancy has taken place, and to argue that possession of the property should be granted, it is felt that at least one of the complainants must be prepared to give evidence in court. A Housing Officer can give evidence to substantiate that complaints have been received, and diaries and affidavits may be submitted, but ultimately a resident who has suffered as a result of the disturbances will always provide the most comprehensive evidence.