Anti-social Behaviour Issues
A vast majority of private and social housing tenants exhibit responsible, decent behaviour and treat their homes and neighbours with respect. Unfortunately, sometimes landlords do have to deal with tenants who behave in anti-social ways. This can be stressful and time consuming, robbing landlords and neighbours of peace of mind.
What are some examples of anti-social behaviour?
Examples of behaviours by tenants which can cause headaches for their neighbours and ultimately their landlord include:
- causing a nuisance through excessive noise
- blocking driveways and walkways
- criminal behaviour
- drinking and drug use
- destruction of property
- graffiti
What remedies are available to landlords
There are a number of remedies available to a landlord whose tenant is exhibiting anti-social behaviour including:
- obtaining an injunction under the Anti-Social Behaviour, Crime and Policing Act 2014
- entering into mediation with the tenant
- asking the tenant to sign an Acceptable Behaviour Contract
- taking possession of the property
How easy is it to gain possession of my property?
Tenants’ rights are vigorously protected in the UK; therefore, a landlord cannot simply remove a tenant by physical force, no matter how outrageous their behaviour has been. However, under amendments to the Housing Act 1988 which came into force in October 2014, a landlord with a property let on an assured tenancy can obtain possession if the tenant or a member of the tenants' household or someone visiting the property has been:
- convicted of a serious offence;
- found by a Court to have breached an injunction which related to anti-social conduct; or
- has been convicted of a breach of a criminal behavioural order
To rely on this new ground, the offence of anti-social conduct must have been committed in the house or in its locality, affected a person with the right to live in the locality of the dwelling house, or affected the landlord or a person connected with the landlords' housing management functions.
How can a solicitor help me?
Often landlords are afraid to confront tenants who are engaging in anti-social behaviour for fear of their own safety. By instructing a solicitor, landlords can receive expert advice on how to deal with the situation they find themselves in legally and apply for court orders if necessary to put an end to the anti-social behaviour.
To find a solicitor in your area who can assist you, please search through Solicitors Guru today.