What Can Landlords Do About Anti-Social Behaviour?

Anti-Social Behaviour can be a common problem for landlords, and how to tackle it can be confusing let alone very frustrating. As a landlord dealing with tenants who are carrying out anti-social behaviour (ASB) it can be complex and hard to manage.

What is considered ASB?

Anti-social behaviour can disrupt the harmony with neighbours and the community

It is referred to as anything causing or likely to cause a nuisance or annoyance to others which can range from excessive noise at unsociable hours, excessively noisy pets, vandalism, intimidation, drug and alcohol misuse amongst others.

What could you do?

Here are some ideas to consider:

Investigate the Complaint

• It would be preferable to try to raise any issues informally with the tenant first as sometimes a simple conversation can see positive results to correct the behaviour

• Landlords can start to collate the evidence from any neighbours or other tenants which would include dates, times and details of the ASB

Evidence

• Keep records of complaints

• Log the communications you have with the tenant

• Keep details of any action/outcome you have taken including any police crime reference numbers

Check your Tenancy Agreement or Licence

Review your Tenancy Agreement or Licence for clauses relating to anti-social behaviour or nuisance.

Consider Mediation

Some councils offer mediation services between neighbours/tenants. This can help resolve issues without eviction.  ELA have strong relationships with many local councils and we are always trying to work collaboratively to resolve issues rather than allow them to end up at the 'last straw' stage; eviction.  Landlords rarely want their tenants to leave without reason, but of course it is in their interest to ensure their property occupants are behaving in an appropriate manner within the local community.

Issue a Written Warning

You are able to send a warning letting outlining the inappropriate behaviour of the tenant and convey to them that formal eviction action may be faced continued.

Speak to the Police or Local Council

If the behaviour is serious the ASB team within the local authority can be contacted or even the police may need to be informed if the case involves violence, drugs or serious threats.  This will give you a case number which will all form crucial evidence if legal action is needed later on.

Serve a Section 8 Notice

If the behaviour persists landlords will find they have no further option but to consider to initiate court proceedings after the serving of a Section 8 notice for those tenancies with an Assured Shorthold Tenancy in place.  This of course comes at a cost to landlords financially but invariably causes stress and well-being connotations on them too, so it is never served lightly, a matter that is continually challenged in the media. 

ASB can be very challenging for landlords

Some key takeaways are that landlords must avoid any retaliation or harassment of the tenant to ensure that when it gets to any legal proceedings, you can be confident that you have acted in a lawful manner and have provided the proper legal eviction notices and followed the correct procedure.  Landlords are advised to continue their regular inspections of their properties too.

It is worth stating that although landlords are not obliged to take action against tenants causing nuisance or necessarily liable for it, they should take reasonable steps to assist the situation and improve bad behaviours as they could become partially liable, with the tenant, if they don’t.

If you find yourself in a situation where you are combatting ASB with your tenancy which may become untenable, please book on to the free Legal Surgery that runs twice a month with Fosters Solicitors as part of the ELA membership benefit. Do get in touch with the ELA team to help book that for you.