The government will give landlords more power to crack down on anti-social behaviour from tenants, to "ensure those who are persistently disruptive are evicted". The Anti-Social Behaviour Action Plan includes reducing the notice for eviction of an anti-social tenant to just two weeks.
The plan also broadens and clarifies the definition of anti-social behaviour, to make it easier to prove or disprove in court.
For letting agents, understanding and explaining what powers landlords have for anti-social behaviour will help manage any nasty surprises, if they do occur.
Read our guide to find out more about the Government's Anti-Social Behaviour Action Plan:
According to the Anti-Social Behaviour Action Plan, anti-social behaviour can be defined as "a disturbance or disruption to the normal order of things; an attitude and show of disrespect for a place and the people that call it home".
Anti-social behaviour covers criminal and non-criminal behaviour such as:
The Government reported that one in three tenancies in the private sector were ended by landlords due to a tenant's anti-social behaviour.
For the social housing sector, it was estimated that up to one million households were affected by anti-social behaviour in 2022.
There is also an issue with what happens once the behaviour is reported. Fifty-five per cent of social housing tenants who reported a problem were unhappy with the outcome.
Forty per cent said they didn't report it in the first place, as they didn't believe their landlord would take action.
It is not only landlords who are affected by anti-social tenants. In 2022, a landlord in London faced £150,000 worth of repairs to their home after illegal cannabis farms were created in their rental properties, and the managing letting agent was accused of negligence and taken to court.
Letting agents need to make sure they know who they are renting to. Conducting comprehensive and concise referencing checks will help both a landlord and letting agents feel confident that they know who they are renting to.
Using a referencing process, such as Vouch or PRO referencing, will help letting agents reassure their landlords with the knowledge of their prospective tenants.
The government has outlined different approaches depending on the type of tenant behaviour:
Disputes that can be settled between neighbours, such as after-hours noise, occasional parties, or property left in communal areas, sometimes need further action.
The Anti-Social Behaviour Action Plan states that in scenarios such as this "residents should seek to resolve issues, if possible".
However, if an issue cannot be resolved between neighbours, the Government is looking at ways "to increase mediation in the Private Rented Sector, for example with the new Ombudsman to support landlords when tenants commit low-level - but high impact - anti-social behaviour".
A Private Renters' Ombudsman was a key promise of the Renters (Reform) Bill. However, as the Renters (Reform) Bill did not pass through Parliament before it closed for the General Election in May 2024, it is unclear whether this will still be achievable if there is no Renters (Reform) Bill.
The government will take steps to make sure that tenants exhibiting consistently intimidating or disruptive behaviour will face the consequences. It will also help make grounds for possession "faster and easier to prove":
The government will consult on how to better monitor anti-social behaviour in the short-term let sector, through its planned registration scheme.
In January 2024, the Department for Levelling Up, Housing and Communities stated new rules for social housing reforms.
The rules stated include a ban, or even possible eviction, on tenants who "blight communities and repeatedly make their neighbours' lives hell through anti-social behaviour".
It will also introduce a “3 strikes and you’re out” approach to deprioritising those tenants for further social housing.
Conservative Housing Minister, at the time, Lee Rowley commented "If you abuse the system, making peoples’ lives a misery or actively work against our British values, you are making a choice – such choices will have consequences and our proposals seek to stop such people getting a social home."
The government will work with police and other local authorities and organisations to help "swiftly evict" tenants, where necessary.
Local authorities have started introducing schemes to minimise the possibility of anti-social behaviour.
In the Midlands, Labour councillors are set to introduce £1,000 for a licence, to continue housing people in small HMOs. This scheme should help "reduce significant persistent problems caused by anti-social behaviour".
This article is intended as a guide only and does not constitute legal advice. For more information, visit gov.uk.