Nuisance and Anti-social Behaviour
Anti-social behaviour (ASB) is any behaviour which 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 antisocially.
Under an occupation contract, there is a legally required term, and other tenancy agreements should include appropriate clauses about anti-social behaviour. Some local authorities have a licence condition for premises which require a licence under the Housing Act 2004, stating that landlords must take reasonable action to prevent and, where necessary, remedy anti-social behaviour.
Contract-holders 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 co-operate 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, you should 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 contract, but it can last for three to six months, allowing time to end the contract and stop the perpetrator from moving back in (see ending a tenancy). If a contract-holder 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 concerned with the management of any premises to knowingly permit or suffer any of the following activities -
- producing a controlled drug
- supplying a controlled drug
- preparing opium for smoking, or
- smoking cannabis, cannabis resin or prepared opium.