Can i get a witness?

Helen was a drug addict. In July, she moved into a first-floor flat and almost immediately her behaviour and chaotic lifestyle began to cause considerable alarm and upset to her neighbours.

Over the following weeks, her two nearest neighbours complained to the local housing office that Helen and her visitors shouted abuse, threw syringes in the street and gardens, and fought with each other.

Both men complained that they now had drug dealers hanging around outside their homes and strangers coming and going, buying drugs. One, who lived in the flat below Helen's, could also tell from the noise that she was earning money as a prostitute and allowing other prostitutes to work from her flat.

Neither man wanted to make a formal complaint, or to be identified as a witness in any legal action. They were not worried about Helen herself, but they were scared of the pimps and drug dealers.

Unfortunately, the housing officer, Cathy, was off sick for most of the summer, and it was only on her return some four months after the problems started that any significant action was taken by the landlord.

The action plan
In January, Cathy wrote to Helen detailing the allegations against her and the potential consequences of her behaviour and seeking an urgent interview. The letter was followed by two home visits in two days.

Cathy immediately began to rebuild relationships with the two neighbours, her two main witnesses. She held a meeting with them to clear the air and to explain what action was possible. Even though neither neighbour was prepared to act as a witness, they were both given incident diaries and persuaded to record any further incidents.

Cathy also agreed to telephone them at least once a week to check if there had been any further incidents, and to keep the witnesses informed of progress with the case. Cathy continued to support the witnesses in this way until the end of the case.

She contacted other neighbours, but had little luck. Three confirmed they had witnessed some problems but they were either too scared to get involved or could not confirm which property was linked to the disturbances.

Helen failed to make contact or to attend appointments, but that did not stop Cathy pressing ahead with the case. Later that month, backed up by further reports and incidents provided by her "witnesses", she wrote again to Helen restating the seriousness of her failure to change her behaviour and warning that if it did not stop, the housing association would start legal proceedings immediately.

On 2 February, Helen's downstairs neighbour telephoned Cathy, saying he had not slept properly in two days and that he had had enough. If he had to go to court to sort this out, he would do so, he said, but he wanted to make certain conditions about his safety and about who would be offered the flat once Helen had gone. And there was even better news for the housing association: if this man went to court, the other key neighbour would, too. Cathy realised that with two witnesses, immediate legal action was possible.

The basis of a strong legal case is now in place:

• a credible witness or witnesses to describe the serious problems they have faced
  
• strong and detailed challenges and warnings to the perpetrator that have been ignored
  
• evidence of tenancy breaches after these clear warnings.

The outcome
It took the housing association's solicitors just 10 days to prepare witness statements and court papers to start eviction proceedings and injunction proceedings against Helen. A week later, a County Court judge granted an injunction order against Helen, obliging her to prevent further incidents of "nuisance and distress to her neighbours".

After another late-night disturbance and fight at her flat, Helen was served with court papers informing her that the association was returning to court to enforce the injunction and that she now faced imprisonment for contempt of court.

Rather than face this possibility, Helen packed her bags and left that same day. She probably went home to her mother or moved into private sector accommodation; until she controls her heroin addiction, it will be difficult for her to sustain any tenancy agreement.