Landmark Case Against Neighbour From Hell
A “neighbour from hell” has had her home closed down by Rhondda Cynon Taf Council in the first landmark case of its kind in Wales to crackdown on anti social behaviour.
The Council’s Community Enforcement Team successfully closed 1, Chapel Row, Aberdare following a court order by Aberdare Magistrates under the Anti Social Behaviour Act 2003.
CLOSED: 1 Chapel Row, Aberdare
An investigation was carried out into a range of offences carried out at the property following a large quantity of complaints from residents, local members and South Wales Police
Rhondda Cynon Taf Council is the first local authority in Wales to obtain a Premise Closure Order that is a new piece of legislation that came into power in December 2008. This means that the tenant has been removed and prohibited from entering the property, which was closed down to avoid further disturbances by herself and the visitors to the house.
Once again, the case further highlights the way in which the Council is viewed as one of the leading local authorities in the country when dealing with anti social behaviour.
Michelle Neal, aged 38, had been the private tenant of the property since February 2009 and faced three charges at Aberdare Magistrates’ Court:
• that a person has engaged in anti-social behaviour on the premises in respect of which this application is made; and
• the use of the premises is associated with significant and persistent disorder or persistent serious nuisance to members of the public; and
• the making of a premises closure order is necessary to prevent the occurrence of such disorder or nuisance for the period specified in the order
Rhondda Cynon Taf Council and South Wales Police have received complaints of anti-social behaviour associated with the property continually since Neal moved into the property.
South Wales Police visited the property on 20 separate occasions since February 20th 2009 and the landlord was also contacted by both the police and Council on at least four occasions. At the time of the court application no action had been taken by the landlord of the property against his tenant to remedy the issues despite the warnings.
CLOSURE: PC Derryn Harding boarding up the property at Chapel Row, Aberdare
A schedule of 29 incidents were reported to the Court which led to six arrests at the property. The incidents included loud arguing and shouting with demands for money, kicking of doors, punching windows, large congregations of young people outside drinking alcohol and blocking the entrance to houses, fighting, loud music, verbal abuse and threats to neighbours.
It was also reported that residents had been intimidated to such a degree that they were in fear of making complaints or coming forward to give evidence in court of the nuisance experienced.
On another occasion individuals threatened to burn down a neighbour’s house and a sofa was set alight outside the property. A male visitor urinated over the footpath to another house and exposed himself. Neal herself was also accused of a physical assault on a neighbour.
In Court, Neal admitted to suffering from an alcohol-related problem and that one of her visitors was a heroin addict.
A number of persons were ejected from the property following the granting of a PCO, any one who now attempts to enter the property will be arrested and subject to a custodial sentence of up to 51 weeks and a monetary fine.
David Jones, Head of Protection at Rhondda Cynon Taf Council said: “This is a hugely significant landmark court case that sends a clear message to unruly tenants but also to their landlords. Tenants risk losing their homes if they engage in persistent antisocial behaviour and landlords risk significant loss of rent revenue if they do not take responsibility to control them.
“This is the first time a house has been closed in Wales using a Premises Closure Order. Home Office guidance shows that this measure should be used only as a last resort and that all other options have to be made or considered before such a case is brought to the Court.
“The fact that we have obtained the Order in this case shows not only the seriousness of it but also that all the partners have worked tirelessly to resolve this issue for the benefit of the local community using a range of alternative techniques before resorting to this extreme measure.”
Inspector Steve Meek at South Wales Police added: “This is an extremely serious case and one which I hope will send out a clear message to all communities that we simply will no tolerate such disgraceful behaviour. Should this occur elsewhere then the culprits can rest assured that they will feel the full force of the law.
“Thanks to the excellent partnership working between ourselves and the local authority we have eradicated a serious problem in the vicinity of Chapel Row, Aberdare and hope that peace and harmony has been returned to the lives of the neighbours who suffered considerable distress due to the serious of events that have occurred.”
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Last revised on: 7/5/2009