Nuisance and Anti-social Behaviour
Anti-social behaviour (ASB) is any behaviour that causes or is likely to cause harassment, alarm or distress to one or more persons, not of the same household.
Examples include but are not limited to noise, violence, abuse, threats and use of the property for illegal drugs.
Adequate checks before letting should minimise the risk of letting to someone likely to behave anti-socially. The tenancy agreement should include appropriate clauses about anti-social behaviour. Some local authorities have a licence condition for premises that require a licence under the Housing Act 2004, stating that landlords must take reasonable action to prevent and, where necessary, remedy anti-social behaviour.
Tenants may be the perpetrator or the victim.
There is a risk of repercussions in all cases, and landlords should consider their actions carefully and take advice before acting. Sometimes the police or the local authority may contact the landlord if there is a problem in one of their properties, and it is essential to try to work with them to resolve the situation.
A range of measures can be used, including mediation, Closure Orders, Anti-social Behaviour Orders (ASBOs) and eviction, depending on the circumstances and seriousness of the situation. Some councils offer mediation services, but all parties have to agree to cooperate for it to work, and it tends not to be appropriate in all cases, particularly in the circumstances involving drugs or violence.
In cases of noise from the property, contact the Environmental Health Department as they may be able to take enforcement action against the perpetrator, including prosecution and seizing equipment.
If a landlord is aware of or suspects violence or drug-related activity, seek advice from the local anti-social behaviour team/coordinator or the police before acting.
They may assist by taking action themselves, for example, by making an Anti-Social Behaviour Order on an individual or a Closure Order on the premises where anti-social behaviour is associated with Class A drugs. The latter does not terminate the tenancy, but it can last for three to six months, allowing terminating the tenancy and stopping the perpetrator from moving back in. If a tenant is at fault, and it is safe to do so, landlords may wish to discuss the situation or write to them.
If evidence of anti-social behaviour is needed, the police or the anti-social behaviour coordinator may be able to help.
It is an offence under section 8 of The Misuse of Drugs Act 1971 for a person being concerned with the management of any premises to permit or suffer any of the following activities knowingly -
- producing a controlled drug
- supplying a controlled drug
- preparing opium for smoking, or
- smoking cannabis, cannabis resin or prepared opium.