Antisocial behaviour- rights??

R

robbiep

Registered User
Messages
12
Hi,
My partner and I bought a house via the affordable housing last year. We've been going through hell since. Theres a group that continues to hang around beside our home and smashes up the vacant building besides us. They stare in our sitting room window and intimidate us. We call the Garda but when they come they just chase them away and say that they can't arrest them ( which in my opinion is BS) we've sent the council endless letters and emails but never get a reply. We went to a solicitor and she said she was sending the council a letter on our behave but then 2 wks later told us to stop contacting her as it was nothing to with her and we were to deal with the council directly. We later found out that our solicitor was the best of friends with the head and most of the people in the housing dept. Our home is currently on the market as we need to get out but we can't sell our home because -
1- The place is a kip with broken glass and blood everywhere.
2-We won't get our asking price which we need in order to pay the claw-back.
3-If we sell it at a lose we can't afford to pay the clawback.
We're terrified and go to bed every night with the alarm on and when were here during the day all the doors bolted. People shouldn't have to live in fear like this. We don't know who to turn too anymore as the guards, council and out solicitor are all unwilling to help. Does anyone know what are rights are here or who we can get help from. It's gotten so bad we don't even want to be here anymore and find ever excuse to stay somewhere else at night.

Cheers,
R
 
I am so sorry to hear of your plight.

I live in a council estate myself (renting, thank God) and while my troubles are not on par as yours, we certainly get our own hassle. It can be in the form of very large stones thrown at our windows; kicks to the front door etc. I've actually put in for a transfer but I think we would only be put into another abandoned house in another estate.

The problem as I see it is not the estates themselves, but the people who are being put into them.

Some of the old counsel estates are some of the most charming places to live.

That's a remarkable story about your solicitor.

What about contacting a local city counselor?

I hope thinks get better for you.
 
I feel sorry for your plight, antisocial behavior is a very under-rated problem in this country, and it can literally ruin people’s lives. I lived in a private house beside a council estate and were constantly facing similar problems to what you describe, the bad news is I don't think there is anything one can do as the law hardly protects the victims of these 'crimes', I contacted local Garda in relation to several incidents and all we got 'ah, sure what can you do'. My advise is to just try to get the vacant house sorted out by the council, get a big dog and try not to be intimidated by these thugs, smile and say hello and show no sign of intimidation as this is what they get off on, if the next door house is sorted out and the place looks better you'll have a better chance of selling when the market picks up. I'm sorry if this is not what you want to hear but I just think if you try to go down the confrontation and legal route you'll end up pulling your hair out.
 
I would suggest two things.
1. Directly meet with a local representative. Have a list of your problems, times Gardai and council were contacted etc
2. Make appointment with the local Superintendent rather than with a Guard at the station counter. The Superintendent can order that certain Gardai take on this problem.

A few weeks of concentrated action by them might solve the problem

Good luck
 
My heart goes out to you and anybody else living in this situation. You should not have to live with bolts on the doors during the day and thugs peering in your sitting room window.

I grew up in a Council Estate (v. small) The nearest anyone got to anti-social behaviour was us playing knick-knack!

Is your estate big, ie, where are the parents of these people sitting outside your house. Why haven't the Gardai approached them? Agree it is complete BS saying that they cant arrest them, and move them on until later. Do they live on the Estate. Do you or the Gardai know who they are or where they live. If they live on a Council Estate, can the Council not deal with them for the anti social behaviour.

Are your other neighbours having the same problems.

Ok, look at the facts - you are going to find it hard to sell in the current climate, so you could be there for some time. If somebody comes to view your house and the Estate is a dump, nobody is going to buy either. Have you put the house with an auctioneer. What is his view on the Estate. Has it a bad name.

Have you spoken to/met with any/all of the local councillors? What has been their responses. Put your complaint in writing. Has anyone else complained. Have you a residents association. Group Action is better.

Go to another Solicitor. Find out the legalities (if any) of getting out of your AH contract. (Probably none) Has the council not a duty of care to deal with the ASB? Especially if it is being carried out by other Council /tenants.

I also note from one of your other threads that you were having serious problems with your property. This might be another way of pushing it. Pyrite was mentioned. Did you ever look any further into that or are you happy enough that the cracks etc were just settling cracks. If not, I would personally push to get out that way. Did you get a proper structural survey done. Does the property meet all building regs. If you are concerned about the pyrite option, given that it is the Council's property, could you get them to pay for the test? The builder did not want you to approach the Council - why?

Second Yorrick's opinion too about contacting a more senior Garda.

Lastly, there you could also use the threat of media option (local papers) or look how Joe Duffy prompted the Garda action in Tipperary Town. However you have to bear in mind that if you do this, you probably wont be able to sell the house.

You are going to have to go through a lot of options and probably come up against some dead ends but at the end of the day, it may be worth it because no one should live like that.

Good Luck with it and please keep us updated.
 
Robbie, what county do you live in? I would look to talk to local councellors as they'll be mad for votes at this time of year.

Keep a log of all the behaviour, even if its a page full a day.

As mentioned, by pass the local Gardai and go higher up the chain.
 
Robbie,

If it was me I would put up a security camera and point it at them, lets see how funny they can be when they are on tape!! You could also invite a load of friends over and sit out on the garden wall and have a drink, maybe after they see you they won't hang around anymore when it is uncool to hang around, give them taste of there own.

To stop them looking into your sitting room maybe you could hang some net curtins up so they can't see into your sitting room, or maybe leave the blinds down its not ideal however it will stop them seeing into your sitting room.

Antisocial behaviour is a major problem right accross Ireland, I was getting my fair share of stone trowing and door kicking, I stood at the window and front door for several hours in the dark to catch them, it was only kids, however i told them if I Catch them, I hope they can run fast as I will be dragging them down kicking and screaming the local garda shop!! it worked for me, however im not sure me grabbing them would be very legal either:D
 
What are the rental prospects? I know under AH you can't do this. However, perhaps approaching the council might be an option in this case.

How late last year did you buy? I know others in a similiar position.
 
Thanks all, we're going to get a councilor to check things out for us and see what we can do. It got pretty bad over the wk end and the gardai were ringing us to see if we were ok but yet they can't do anything about it. The council are saying thats its not up to them to deal with antisocial behavior and that its the gardais area. We first report the antisocial behavior in aug 08 and not once have the council even replied to us or come out do fix the place up, the only reply i ever got was that it was being passed on to a social worker and an engineer. I have all the emails and letters to prove it.
 
Hi Robbiep,
Very upsetting to hear about your plight. Here's what you need to do.

1. Each and every time there is an incident. Write it down, with details,date and time etc. Write it down proper and not on the back of an envelope. ( I think you're doing this already).
2. Was there any other witnesses? If so can you get them on board?
3. Ring the Garda. Don't let them fob you off. Get their name and number. They have to give you these details, it's the law. Also ask for a pulse number as well. Write down all these details.
4. Can you identify the culprits? If so tell the Garda.
5. Make a Garda statement and get a copy of this statement. Photocopy this statement and send it to your anti-social behaviour officer at the city council. We have one here in Waterford. I'm sure ye have one too. [broken link removed]. Also mention in your letter what you want done.
6. Ring the ASB officer a week later and ask what progress is being done on your case in relation to the letter sent.

7. Each and every time there is a crime do steps 1 to 6 from above. Don't let it go, eventually all the pulse numbers will stick out like a sore thumb on the pulse system and it will be an embarrassment for the Garda when they are at their joint police community meetings.
8. Do not get a solicitor, they are a waste of money. Please report that ex-solicitor of yours here: http://www.rate-your-solicitor.com
9. Do not get a councillor, they are useless.
10. Do not get CCTV or start filming them, they will call you all sorts of horrible names.
Finally, you will win this.
Best of luck.
 
Having been in a similar situation since buying an Affordable Housing Initiative apartment in Deansrath Clondaklin in October 2006, I sympathise deeply with what you are going through.

I would support the idea of approaching Garda Superintendent.

You could try Free Legal Aid clinic in you area for general advice (this may or may not produce any tangible courses of action.)

We had to install 3 CCTV cameras on our apartment. This has resulted in the worst of the violence stopping, but hasn't prevented all the incidents of stones/bottles/anything at hand being thrown at the apt. We had to have polycarbonate coverings placed over our windows.

Garda don't always respond to our calls, but it can take up to an hour for them to arrive when they do.

Is there a Neighbourhood Watch in your area? Really trying to think of anything at this stage.

It is unacceptable that you or anyone should have to live like this. It is unacceptable that County Council have not acted.

I agree that taking this to the media could impact on your ability to sell, but you may feel you have no other option.

Please respond and advise how you are getting on so that others can offer more up to date advice.
 
I don't think these are affordable housing issues. They sound more like 'I bought in a bad area' issues.

You can't expect the council to forever ensure that your area is free of antisocial behaviour. They just sold you a property. It's up to the buyer to decide whether or not it is a desirable area and to weigh up the risks.

I agree with the council on this one that it is an issue with the gardai. It's up to them to police an area and it's terrible that they are not doing more to help you.
 
hi, hope this helps.

  1. if it is council estate and the people on your wall are tenants the council can threaten to evict them.(long process to actually evict them)
  2. The gardai can't arrest them unless they do something more serious or fail to move away when told. they can however give them ASBO warnings. these can be issued if the behaviour is presistantly impeeding your enjoyment of your home. it tells them to stop the behaviour if they don't the cops go to court and get an actual ASBO. if they get one of these against them, they can be arrested and charged each time they break the order (in this case sit on your wall)
  3. a mate of mine got axle greese and put it on the wall so anyone sitting on it got their clothes ruined. won't advise this as mammy and daddy could show up at the door demanding payment
good luck
 
Robbie,

I would definately get on to the Superintendent in the local station and make an appt to go and speak to the Community Garda, the regular Garda will do nothing you need to go above their head, I had to actually tell them one night that I was going down to sort of the gangs outside my apt with a crow bar as the Garda where doing nothing I tell ya the appreared very quickly. I would also suggest you find your local TD and get him to do something as thats what they are there for.
 
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