Private Landlords

If you’re a landlord it’s in your interest for tenants to respect your property and behave responsibly.

To deter tenants from causing issues at your property we strongly recommend that the tenancy agreements you provide include a section on anti-social behaviour. By doing this you can protect not only your property, but the neighbourhood surrounding it.

The Housing Act 2004 states that if a tenant or visitor of privately rented accommodation is alleged or reported to be acting anti-socially, it is the responsibility of the landlord to take action.

Tackling Anti-Social Behaviour (ASB)

Evidence needs to be gathered to prove cases of ASB so landlords are advised to follow these steps if it is reported at their property:

Once an initial complaint is made and the 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 give them contact details for those who may be able to help. It is recommended this action is recorded.
If the ASB does not stop, and the facts have been confirmed, a written ‘first stage letter' must be presented. It is recommended this action is recorded.
If the ASB does not stop, and the facts have been confirmed, a written ‘second stage letter’ must be presented, outlining the behaviours and possible enforcement action. It is recommended this action is recorded.
At this stage you are advised to contact Torbay Council’s Anti-Social Behaviour Team on 01803 208025 to report the issue.
If appropriate an Acceptable Behaviour Contract (ABC) may be drawn up and issued by the Anti-Social Behaviour Team. The ABC is designed to support the tenant and address the behaviours.
If after all other stages the tenant’s behaviour does not improve 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 you and the tenant is available at all stages. These stages are not put in place to victimise either you or the 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 (in accordance with Section 21 of the Housing Act 1988) 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. 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 anti-social behaviour 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.

Breach of the conditions highlighted by an ASBO may result in a court summons, fine or conviction. It is important to note that ASBO’s can only be granted by local authorities and landlords do not have the power to apply for an order so collaboration with the Anti-Social Behaviour Team and the police is vital if this method is used.

Contact details

Anti-Social Behaviour Team Telephone:- 01803 208025 or email asb@torbay.gov.uk

Devon and Cornwall Police Telephone: - 101 (non- emergency)

To find out about your local policing team visit the My Neighbourhood page.

Find out about crime in your area

If you’re interested in what crimes are happening where, you can find information at Police.UK