There are several stages that a landlord is advised to follow if ASB is reported at a property. This would provide evidence for the courts if enforcement action were to be taken. Although in the majority of cases, anti-social behaviour will stop by the use of a simple warning letter.
- Once the initial complaint is made, and facts confirmed the landlord must issue a verbal warning, highlighting the key issues raised in the complaint. It is also the landlord’s obligation to offer support to the tenant or at least present contact numbers for those who may be able to help. A record of this action is recommended. (place here Link to support services- this will need to be created- use the begging initiative support services guide)
- If the problems identified above have not ceased, and facts confirmed, a written stage 1 letter must be presented and if appropriate, communicated to them in a manner in which they would understand. A record of this action is recommended.
- Once again if the issues have not been addressed and facts confirmed, a written stage 2 letter must be presented and if appropriate, communicated to them in a manner in which they would understand, outlining the behaviours and possible enforcement action. A record of this action is recommended.
- At this stage the landlord is advised to contact Safer Communities Torbay on 01803 207900 to report the ASB. With support from Safer Communities Torbay an Acceptable Behaviour Contract (ABC) can be drawn up and issued. The ABC is designed to support the tenant and address the behaviours. The contract states the behaviours that the tenant must address and support is offered again. A record of this action is recommended.
- If, after all other stages, the tenant’s behaviour has not improved and the ABC has been breached, a meeting will be held with all relevant agencies to discuss and agree an action plan not only for the tenant but also for the local community. The options available are:
It is important to note that support for both landlord and tenant is available at all stages. These stages are not put in place to victimise either landlord or tenant but to support and guide those in need of help.
Notice to quit section 21 of the Housing Act 1988
A notice to quit is commonly accepted as the most effective method to use when evicting a tenant. By using this method, providing it’s done so in a legal way, no explanation has to be given to the tenant to justify the eviction. However, there are certain measures that must be taken-
- The notice must be in writing
- Must state that possession is required under section 21 of the Housing Act 1988
- Must have a notice period of at least 2 months
- If the fixed term of the tenancy has not expired, the notice must not expire before the end of the fixed term
- If the tenancy is a periodic tenancy, the notice period must be at least two months and the date specified in the notice must be the last day of a period of the tenancy.
The notice should preferably be served in person to prevent any denial from all parties concerned. If you are concerned the tenant will deny having received it, take an independent witness with you to verify the issuing.
Eviction, Section 8 of the Housing Act 1988
You have the right to terminate an Assured Shorthold Tenancy Agreement during the fixed term if the tenant has failed to pay rent or has breached any other terms of the Tenancy Agreement. However, you as the landlord must seek to obtain a ‘Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy.’ Failure to do so or an incomplete form will render the claim invalid.
The notice period required can vary from 2 weeks to 2 months depending on the grounds of which the termination is being sought.
Civil Injunction
Injunctions are civil orders obtained by the county court. An injunction prohibits the person concerned from engaging in the behaviour detailed in the injunction. Landlords may use civil injunctions to prevent certain behaviours being conducted within their property; this may apply to the tenant or visitors. Injunctions do not have to result in an eviction notice.
In order to obtain a civil injunction, it is important to prove there has been a breach of the ‘nuisance clause’ highlighted in the tenancy agreement.
If found to be in breach of the injunction, the tenant can face possible imprisonment.
Anti-Social Behaviour Orders
Anti-Social Behaviour Orders (ASBO’s) were introduced by central government in 2002 to help tackle ASB throughout the UK. There are several stages prior to granting an ASBO that the perpetrator must fail to comply with rendering it a relatively lengthy process. However, great success has been seen with this new introduction.
ASBO’s may be granted to a location, property, additional people or items of clothing. This may apply to a landlord’s property therefore preventing a tenant to enter the said location. Breach of the conditions highlighted by the ASBO may result in a court summons, fine or conviction. However, it is important to note that ASBO’s can only be granted by local authorities, landlords do not have the power to apply for an order so collaboration with Safer Communities and the police is paramount if this method is used.
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