The Crime and Disorder Act 1998 defines anti-social behaviour as “acting in a manner that caused or was likely to cause harassment, alarm, or distress to one or more persons, not of the same household.”
Common types of anti-social behaviour related to housing include:
- Loud music, TV, or noise at all times of the day
- Rubbish or littering outside a property
- Drunken behaviour that disturbs others
- Intimidating or harassing people
- Using the property for illegal purposes
More serious anti-social behaviour can include illegal drug activity and modern slavery.
Anti-social behaviour can affect not only your property but also the surrounding area and community. How can landlords prevent this issue among their tenants?
In England, Anti-social behaviour has been an issue for decades, with over a million reports received annually. In 2021, The English Private Landlord Survey revealed that “just under a third (32%)” of landlords ended tenancies due to anti-social behaviour.
To address this, the Government has created plans and laws like the Anti-Social Behaviour Action Plan and selective licensing in the Fairer Private Renter Sector initiative.
Landlords can face penalties if their tenants cause problems. The Selective Licensing Schemes ensure rental homes are well managed, and failing to comply can lead to unlimited fines. Some landlords have faced repair costs exceeding £150,000 due to drug farms in their properties.
How Can Landlords and Letting Agents Prevent Anti-Social Behaviour?
To prevent anti-social behaviour, it’s crucial for landlords to thoroughly vet potential tenants. Conducting pre-tenancy checks is a key step in this process.
A comprehensive referencing check helps landlords and letting agents feel confident about who they are renting to.
If there are still concerns about prospective tenants, arranging a meeting before signing the tenancy agreement can be beneficial. This allows landlords to discuss the property with the tenant and explain any anti-social behaviour clauses they need to be aware of.
What Should Landlords Do If a Tenant Commits Anti-Social Behaviour?
If a tenant is committing anti-social behaviour, it can be a breach of their tenancy agreement. Here are the steps landlords and letting agents should take:
- Send a Written Warning – Issue a written warning to the tenant, clearly explaining the unacceptable behaviour and the consequences if it continues.
- Contact Authorities – If the behaviour persists after the warning, consider contacting the police or local authority for further assistance.
- End the Tenancy – If the problem continues, the landlord may need to consider ending the tenancy early. This should be done following legal procedures to ensure compliance with housing laws.
By following these steps, landlords can address anti-social behaviour effectively while maintaining legal and fair practices.
Can a Landlord End a Tenancy Early for Anti-Social Behaviour?
As part of the Anti-Social Behaviour Action Plan, the government aims to crack down on anti-social behaviour in 2024. This includes making it easier to evict tenants who are persistently disrespectful and disruptive to their neighbours.
Eviction Options:
Section 21 Legislation:
Landlords can issue a ‘no-fault’ eviction, meaning they can end the tenancy without citing anti-social behaviour. However, the Renters (Reform) Bill may abolish Section 21, contingent on sufficient progress in improving the courts. This means Section 21 may not be available to landlords in the future.
Section 8 Legislation:
Landlords can serve a Section 8 notice if there is sufficient evidence of anti-social behaviour. To do this, landlords and letting agents must fill out a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’.
Steps for Eviction:
Gather Evidence
Ensure there is clear evidence of the tenant’s anti-social behaviour. This could include witness statements, police reports, or other documentation.
Issue Notice
For serious anti-social behaviour, landlords can issue a shorter two-week notice period using the existing mandatory eviction notice.
By following these guidelines, landlords can address and mitigate issues related to anti-social behaviour while adhering to legal requirements.
How to Spot Illegal Drug Activity in a Rental Property
It’s important for landlords to monitor their rental properties to ensure tenants aren’t causing issues within the local community. Regular visits to the property with 24-hour notice are recommended. Here are some signs to look out for:
- Chemical Smells
- Illegal Drug Paraphernalia
- Blackout Windows or Curtains that weren’t installed before tenants moved in
- Large Utility Bills
What to Do if You Suspect Illegal Drug Activity
If you suspect illegal drug activity in your rental property, take immediate action to avoid repercussions:
Address the Issue Directly
If you feel comfortable, speak to the tenants and inform them of your suspicions.
Contact the Authorities:
If you don’t feel comfortable addressing the tenants directly, contact the police. They can conduct a search without your presence.
Document Evidence:
Gather evidence such as photos of any suspicious activity around the property. This can be crucial for any legal actions you might need to take.
Serve a Section 8 Notice:
If there is sufficient evidence of illegal drug activity, landlords can use a Section 8 notice to evict tenants. Ensure you have documented proof to support your claim.
For further enquiries or assistance with tenants displaying antisocial behaviour, feel free to reach out to Pranav Bhanot at WYN Legal (pbhanot@wyn.legal)
