Understanding Anti-Social Behaviour Evictions in the UK

Anti-social behaviour is a significant issue in communities and neighbourhoods, affecting the quality of life for many residents in the area.

What Constitutes Anti-Social Behaviour?

In March 2023 the former Conservative Government released a policy paper on their Anti-Social Behaviour Action Plan. The policy stated:

Everyone has the right to live without the fear of facing anti-social behaviour. To leave their home without dreading intimidation from neighbours, visit their local high street free of disorder and drug taking, take the train or bus to work without fear of abuse, and walk down a pavement clear of dog mess and litter. Women and girls should not feel unsafe walking alone at night and families should not be intimidated away from parks by drug paraphernalia and groups of youths engaging in threatening behaviour. Businesses should not suffer and shops shut because town centres are no longer places people want to be.

Anti-social behaviour covers criminal and non-criminal behaviour including:

• Intimidatory behaviour, such as threatening or unruly behaviour, drunkenness, harassment and loitering in public spaces.
• Drug use, and the paraphernalia, mess and disruption that can go with it.
• Vandalism, graffiti, and the plague of fly-tipping and littering.
• Disruptive neighbours, for example consistently playing loud music or letting their dog bark all night.

It was reported that in the private rented sector, one in three landlords who have ended a tenancy said that they did so because their tenant engaged in antisocial behaviour.

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 arrears, and then serve a section 8 Notice 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.

Just how do landlords obtain possession from anti-social behaviour tenants?

The tools currently available for landlords to recover possession from anti-social behaviour tenants are:

Ground 7a section 8 Notice

To establish mandatory ground 7A one of the 5 conditions relating to antisocial behaviour must be met –

1. Conviction of a serious offence
2. Breach of an Injunction to prevent nuisance or annoyance
3. Breach of a criminal behaviour order
4. A Closure order has been made on the property
5. Conviction under a noise nuisance offence

If the anti-social behaviour does not satisfy ground 7A then landlords are left with discretionary grounds – Ground 12 breach of a term of the tenancy agreement and ground 14 causing a nuisance at the property.

The problem with these grounds is that they are discretionary, which means it is up to a Judge whether to award possession on the day of the hearing. Causing a ‘nuisance’ can be open to interpretation and what one person deems as anti-social behaviour, another one may not. Judges also need to weigh up making a tenant potentially homeless, so it is a balancing act against protecting the neighbourhood and community.

The first possession hearing is only listed for between five and ten minutes, therefore it is incredibly important for landlords and agents to ensure that their case is presented well. The Judge will look at the evidence available so agents and landlord must keep records of any reports, complaints or statements from the neighbours.

Section 21 Notices

Anti-social behaviour can be difficult to prove under the discretionary grounds, therefore it is typical for landlords to utilise section 21 Notices instead. Provided the requirements of section 21 have been complied with, landlords can recover possession through this route instead and are not required to demonstrate the anti-social behaviour grounds are satisfied.

The new Labour Government has committed to abolishing Section 21 notices, therefore understandably, recovering possession from anti-social behaviour tenants is one of the big concerns the sector needs to address

Challenges and Considerations

While evictions for anti-social behaviour are a necessary tool for maintaining community safety and harmony, they are not without challenges and ethical considerations:

• Balancing Rights: Eviction impacts the tenant’s right to housing, making it crucial to balance the rights of the tenant against the community’s need for a safe environment.
• Financial Costs: The eviction process incurs significant legal fees, court costs, and potential loss of rental income. Additionally, landlords may face property damage from anti-social behaviour.
• Vulnerability: Many individuals involved in anti-social behaviour may have underlying issues such as mental health problems or substance abuse. Addressing these root causes is essential to prevent recurrence.
• Support and Rehabilitation: Effective ASB management should include support and rehabilitation for offenders, helping them integrate positively into the community.

Reform in the private rented sector

The Renters Reform Bill was originally introduced to fulfil the Conservatives’ 2019 manifesto commitment to create a fairer rental market for both tenants and landlords. Amongst other commitments, it sought to provide greater security for tenants by abolishing Section 21 ‘no fault’ evictions while strengthening the grounds on which landlords can seek to repossess their properties. The primary aim was to strike a balance between protection for tenants and giving landlords the confidence that the private rented sector is a good place to invest.

As part of the Reforms the former Conservative Government planned to expand the discretionary eviction ground, to make anti-social behaviour easier to prove in court: clarifying that any behaviour ‘capable’ of causing ‘nuisance or annoyance’ can lead to eviction. However, although it had made significant progress, the Bill was not included in the washup stage before Parliament was dissolved and therefore private rental sector reforms are now up to the Labour Government to implement.

Labour committed to the abolition of Section 21 notices but we are still waiting for further details on how they intend to tackle issues such as anti-social behaviour in the private rented sector. We expect to hear some news on proposed reform soon, perhaps in the Kings Speech on 17th July.

Anti-social behaviour evictions are a complex and sensitive issue, and require a careful and balanced approach. While eviction can provide relief to affected communities, they must be handled with fairness.

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.