Anti-social Behaviour

There is already some concern across the market about the Rental Reform Bill, and in this blog we examine how easy is it going to be for landlords to gain possession of the property when tenants are displaying anti-social behaviour, once the bill is enacted.

Why is it so difficult to gain possession of a property with anti-social tenants?

1. It can be subjective. To establish mandatory ground 7A one of the five conditions relating to antisocial behaviour must be met:

• Conviction of a serious offence

• Breach of an Injunction to prevent nuisance or annoyance

• Breach of a criminal behaviour order

• A Closure order has been made on the property

• Conviction under a noise nuisance offence.

If this ground is not satisfied, then landlords are left with other discretionary grounds under Section 8. A landlord can rely on ground 12 breach of contract or ground 14 the nuisance ground.

2. Sometimes police will cooperate and at other times it can be more difficult.

3. Landlords often rely on neighbours for evidence against anti-social tenants, but they may hesitate to do so due to concerns about potential retaliation. If possession of the property isn’t gained, the anti-social tenants may remain, and neighbours who provided evidence might fear for their safety.

4. Anti-social behaviour can be subjective, what is considered anti-social for some will not be considered anti-social behaviour for others and it would therefore be left to the judge on the day.

5. Gathering evidence can be difficult in absence of witnesses.

6. A landlord would need to have extreme levels of anti-social behaviour to have the confidence that they would gain possession on the day of the hearing.

What can you do if you have an anti-social tenant?

If you don’t have a comprehensive Legal Protection policy in place, then consider all options to gain possession. At the moment, it is still possible to use Section 21 Notices, this may be a more straight-forward route than proving to the courts that you have anti-social tenants.

If you’re unable to use a Section 21 Notice, consider if there have been any other related breaches such as rent arears, and then serve a section 8 Notices that encompasses all these breaches and not just anti-social behaviour.

If you are going to try to prove tenants have been anti-social, it is incredibly important to gather as much evidence as possible to prove that the tenants have been anti-social over a long period of time and encourage witnesses to support evidence and attend court if necessary.

It is encouraging seeing the government increase the repercussions of anti-social behaviour through the Renters Reform Bill, although it would seem their intention is not to protect landlords but to protect the community as a whole.

Together with Woodstock Legal Services, you can trust The Lettings Hub to keep you informed about all of the changes affecting the Private Rental Sector. Follow us on LinkedIn to ensure you’re always up to date.