Anti-social behaviour. What exactly is it, and what can you (legally) do about it?

This month, here at Clarity Property Management we’re talking about anti-social behaviour.

As experienced property rental agents, we need to advise you that this is a topic of sprawling proportions, and should you need to take legal action, there’s a lot to know, and a fair amount of detail to absorb, so:

Don’t sit on your hands.

Do feel confident to get in touch with us if you need further information, either via this website or on 01273 253 000

We’re better together, but…

Living in communities brings us so many positive things: a sense of belonging, a feeling that we’re all on the same page, working with people we (hopefully) like, meeting our friends down the pub, and, if we’re lucky, good neighbours.

Essentially, human beings aren’t designed for isolation.

In towns and cities, we all live together cheek by jowl – literally a few metres apart in several cases. And herein lies the problem. Or, it can do. Thin walls, total strangers with addiction problems that lead to criminal behaviour, loud music, a lack of consideration for others. We can’t choose who lives next door. What could go wrong?

The City of Brighton and Hove positively teems with apartments and flats, not least HMOs. And not everything is rosy in the garden all the time.

Anti-social behaviour can and does happen. It’s a key area of concern, yet it’s often under the reporting radar, and we don’t get to hear about it that much, perhaps through apathy or fear of reprisal – no one knows.

What exactly is anti-social behaviour?

Let’s start with a clear definition, or as clear as we can make it.

The Crime and Disorder Act of 1998 defines anti-social behaviour (ASB) 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 as (the defendant)”

This stark characterisation underplays the situation. Anti-social behaviour causes relentless misery.

As a private landlord, if anti-social behaviour is happening in your property, you carry the can. Whilst it’s not your fault, it’s still your overall responsibility to sort it out.

Specifically, anti-social behaviour that could come within your remit includes the following:

• Damage to the property, vandalism and graffiti
• Dumping rubbish
• Noise which becomes a pattern of ASB, or a regular thing
• Systematic bullying and/or intimidation
• Violence, or threats of violence
• Harassment due to gender, race, disability or sexuality
• Verbal abuse
• Using the property as a brothel (yes, we know)

Quite an unpleasant rap sheet. Stressful for the neighbours, ultra-stressful for you.

But, what’s NOT ASB?

Here, we’re building a picture of regular and consistent behaviour which constitutes ASB, contrasted with what many of us would regard as more low-key or “normal”.

• Noisy domestic appliances
• One-off barbeques or parties
• Children playing
• Occasional noise or disturbances
• Minor vehicle repairs

Let’s start as we mean to go on

Ideally, as a landlord, you will have succeeded in proactively managing this situation before it even starts.

How? By checking with your tenants pre-occupation that they are one hundred percent aware of their responsibilities. Plus of course, that they have signed to this effect in their Tenancy Agreement. (It’s well worth dealing with a professional letting agency to get this right. It could be one of the best things you ever do.)

Nevertheless, imagine this scenario: you’ve been made aware of anti-social behaviour in one of your properties. This is all new to you. What should you do?

Start with the obvious:

1. Talk to your tenants. Or, write to them.

In either case, you need to make them aware of the concerns with their behaviour, and that it goes against the terms of their tenancy. Always confirm a phone call, or a face-to-face conversation in writing.

2. Get proof

Photographic evidence of damage, of course. Plus, witness statements and a written diary of events by those affected are important. Hold onto correspondence to and from the tenant about this issue. Lastly, professional statements from the police or environmental health officers.

3. Consider taking action for breach of contract – maybe

This is a possibility if you have sufficient cause. BUT, seeking this type of injunction through the courts is complicated, and you should seek legal expertise before acting. It requires the tenant to stick to their terms going forwards, but at this point, the relationship may have broken down. Do you want to repair it?
And now…

4. Re-possession

Ok, so at this stage you should seek counsel from a professional lettings agency if you’re working with one. However, let’s give you a good overview, so that you’re forewarned and clearer on the path you need to take.

Are you SURE you’ve not done everything possible up to now to resolve the situation? Just checking – because the next step is a Big Thing.

You have two options here, both of which come with heavy caveats regarding legal representation.

1. Section 21 Notice. You don’t need to give a reason why are you seeking re-possession. Or,
2. Section 8 Notice. You need to give specific These would either be:

Ground 14. Ground 14 is more general, and wider in scope. You will need to prove that you have taken steps to address the tenants’ behaviour, also that it’s consistent, and has caused harm to others.

Ground 7a (typically only for private rented sector landlords where a closure order of more than 48 hours has been applied to the property. This is more exact, and is mandatory. It means that the court must grant a possession order in your favour, but only if you can provide explicit and unequivocal proof of your tenants’ conviction of a serious crime in connection with the property (or someone visiting in connection with the property), as well as evidence of their behaviour.

What we think

Generally, and in our opinion, although it seems counter-intuitive, Section 21 notices are easier, although you may feel they don’t offer you the justice you deserve.
They’re more definite. Section 8 notices, whilst more specific, require rock-solid evidence, and could lead to several time-consuming and expensive court hearings to get everything established beyond a reasonable doubt.

Regarding visitors to the property

In case you were wondering, should visitors to the property behave in an anti-social manner, the above could still apply.

Your local authority

The law and the authorities are on your side. Your local council has certain powers to deal with anti-social behaviour. These include the issuing of

Community Protection Notices – where the person living in your property must abide by certain requirements, otherwise they can be prosecuted.

Abatement Notices – where the tenant is ordered to cease the ASB (eg consistent noise etc.

Closure Orders – mostly where there is criminal behaviour (eg drug dealing) where the property can be shut down immediately.

So, there you are. Your at-a-glance guide to anti-social behaviour. We hope you’ve found it useful.

Did you know that the latest government figures show that around a third of all landlords and agents who seek possession do so because of anti-social behaviour? In fact, it’s one of the key reasons why a tenancy comes to an end.

If you’re in the situation, or you think you may be, please know that you are not alone, but the time to seek advice is NOW. Get in touch with the team here at Clarity Property Management.

Our expertise is your gain and could be the lifeline you need at a difficult time.

Your local authority