- Antisocial behaviour
- Investigating and substantiating complaints
- Responding to substantiated complaints
- Transferring tenants to resolve antisocial behaviour
- Excluded from Housing SA services
This policy sets out how Housing SA investigates and responds to complaints about antisocial behaviour at Housing SA properties. Housing SA aims to:
- minimise the impact of antisocial behaviour on neighbours and the local community
- engage in early intervention and prevention strategies
- help tenants maintain their tenancy whenever possible.
The tenant’s the person who signed the lease agreement, also known as the Conditions of Tenancy, with Housing SA. They’re responsible for the behaviour of anyone living at or visiting their home.
The person who makes the complaint is the complainant.
Antisocial behaviour interferes with the reasonable peace, comfort or privacy of neighbours.
Noise or activity associated with daily life, for example children playing isn’t considered antisocial behaviour.
Serious antisocial behaviour poses a risk to the safety or security of people or property and may result in criminal charges. This can include, but isn’t limited to:
- using the property to produce or distribute exploitation material
- using the property to manufacture, sell, cultivate or supply any prohibited drug
- intentionally or recklessly damaging the property leaving it uninhabitable
- assaulting or causing harm to people in the vicinity of the property, Housing SA staff or contractors.
Moderate antisocial behaviour substantially, unreasonably or repeatedly interferes with the reasonable peace, comfort or privacy of neighbours. This can include, but isn’t limited to:
- threats, abuse, intimidation or harassment towards neighbours, Housing SA staff or contractors
- hateful or threatening behaviour targeting someone because of perceived differences, for example ethnicity, gender, sexual orientation
- extensive property damage
- out-of-control parties
- repeated or ongoing minor antisocial behaviour.
Minor antisocial behaviour interferes with the reasonable peace, comfort or privacy of neighbours. This can include, but isn’t limited to:
- obscene language, bullying and harassment towards neighbours, Housing SA staff or contractors
- noise that causes nuisance
- issues around yards and communal areas, for example vandalism, graffiti, limiting other tenants’ access to communal facilities, inappropriately disposing of rubbish
- property damage.
Investigating and substantiating complaints
Housing SA doesn’t investigate complaints of antisocial behaviour unless there’s an alleged breach of the tenant’s lease agreement. If the behaviour doesn't breach the tenant's lease agreement, it’s outside Housing SA’s authority.
If the complaint is about behaviour outside Housing SA’s authority, the complainant’s referred to the relevant organisation, for example report suspected illegal activity to the police, report barking dogs to the local council.
Tenants have the right to know about and respond to complaints made against them. They aren’t told who made the complaint.
The investigation includes:
- talking to anyone involved and giving them the chance to have their say, except if it would put the safety of Housing SA at risk
- treating everyone fairly
- considering all relevant evidence
- getting extra information from other agencies, if required
- referring people to mediation or support services when appropriate.
A complaint is substantiated if the investigation finds its likely to be accurate.
Responding to substantiated complaints
How Housing SA responds to substantiated complaints depends on:
- how serious the behaviour is
- if there are mitigating circumstances that need to be taken into consideration, for example domestic abuse.
Verbal and formal warnings
Housing SA issues a verbal warning for the first incident of minor antisocial behaviour if no other complaints have been substantiated in the last 12 months.
Formal warnings are made in writing if either:
- moderate antisocial behaviour is substantiated
- minor antisocial behaviour is substantiated, and a verbal warning has been issued in the last 12 months.
Warnings remain active for 12 months. Housing SA monitors the tenancy and escalates the response if the antisocial behaviour continues, for example issues a formal warning, ends the tenancy.
Ending the tenancy
Housing SA may end the tenancy of a tenant who has received 2 formal warnings and a third complaint about the antisocial behaviour is substantiated. If Housing SA substantiates serious antisocial behaviour, immediate action may be taken without issuing a formal warning.
Tenancies end in line with the Ending a public housing tenancy policy.
Transferring tenants to resolve antisocial behaviour
Housing SA may initiate a transfer of a tenant to resolve antisocial behaviour if a Regional Manager approves it.
Tenants must agree to sign a Behaviour agreement and actively engage with appropriate supports.
They’ll be offered a probationary lease agreement.
Excluded from Housing SA services
Housing SA may exclude either:
- other occupants who directly contributed to substantiated serious or moderate antisocial behaviour.
They’re excluded for 12 months if either:
- the tenancy ended because of antisocial behaviour
- they left the property before an order for possession could be issued or served
- their lease agreement wasn't renewed or extended because of antisocial behaviour
- they left the property with an active substantiated complaint.
They’re excluded from:
- registering their interest in housing, receiving offers of housing or being housed in a Housing SA property in line with the Eligibility for housing policy
- living in a Housing SA property in line with Visitors, other occupants and overcrowding policy
- being a caretaker in line with the Temporary absences policy.
Housing SA only accepts a registration of interest in housing or makes an offer of housing if it’s approved by a Director.
This policy is based on and complies with:
- Conditions of Tenancy
- Residential Tenancies Act 1995
- South Australian Housing Trust Act 1995
- Antisocial behaviour procedures v3
Related policies and other documents
- Ending a public housing tenancy policy
- Probationary and fixed term lease agreements policy
- Eligibility for housing policy
- Visitors, other occupants and overcrowding policy
- Temporary absences policy
Date this policy applies from
6 September 2022
The online version of the policy is the approved and current version. There’s no guarantee any printed copies are current.