Understanding Anti-Social Behaviour Evictions
Anti-social behaviour is a huge issue in communities and neighbourhoods, often affecting the quality of life for many residents in the area.
What constitutes anti-social behaviour?
On 27 March 2023, the previous 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 shutter 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; and
- disruptive neighbours consistently playing loud music or letting their dog bark all night.
The Conservative Government reported that in the private rented sector, one in three landlords who have ended a tenancy reported that they did so because their tenant demonstrated antisocial behaviour.
How do landlords of assured shorthold tenancies currently 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 five 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 deems as anti-social behaviour, another may not. Judges also need to weigh up the impact of making a tenant potentially homeless, so it is a balancing act against protecting the neighbourhood and community and housing stability for the individual.
The first possession hearing is only listed for 5-10 minutes so it is incredibly important for landlords and agents to ensure that their case is well presented. The Judge will look at the evidence available so agents and landlords must keep records of any reports, complaints or statements from the neighbours. Often those affected by the anti-social tenants will be reluctant to give evidence, particularly if there is a risk the claim may fail and they are forced to remain living in close proximity to those against whom they have given evidence to the court.
Section 21 Notices – Given the difficulties proving anti-social behaviour under the discretionary grounds, landlords typically utilise section 21 Notices as an alternative. Provided the requirements of section 21 have been complied with, landlords can recover possession and are not required to demonstrate the anti-social behaviour grounds are satisfied. This, in theory, also protects any additional impact on the neighbours of the anti-social tenant.
Challenges and considerations
While evictions for anti-social behaviour are a necessary tool for maintaining community safety and harmony, they are not without challenge 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 linked to the 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 anti-social behaviour 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 the 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 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. Although in practice that would have made much of a difference is open to debate. The Bill did not make it through Parliament in time before Parliament was dissolved, and reform in the private rented sector is now up to the Labour party.
Labour's commitment to Rental Reform
In the King’s Speech on 17 July, the Labour government outlined its plans for a new Renters Rights Bill, which will give “greater rights and protections to people renting their homes, including ending no fault evictions, and reforming grounds for possession”.
Similar to the Conservatives Renters (Reform) Bill, the Labour party also intend to abolish section 21 Notices and strengthen the grounds for possession under section 8 so landlords can reclaim their properties when they need to.
The detail of Labour’s Renters Rights Bill has not yet been released but it is likely that it will largely mirror the previous Renters Reform Bill with some key differences and changes. Labour's intention is to provide renters with stronger security and better protections while balancing landlords' needs for clear and practical grounds for possession.
Anti-social behaviour evictions are a complex and sensitive issue requiring a careful and balanced approach. While eviction can provide relief to affected communities, it must be handled with fairness, support, and a focus on addressing the underlying causes of anti-social behaviour. Landlords should seek legal advice at the earliest opportunity when faced with anti-social behaviour.
