It is always advisable to vet your potential tenant through seeking a number of references and ensuring that you check all references thoroughly; making contact with the referee. This will help to avoid renting to an individual/s with a history of anti-social behaviour.
As a private landlord you should have in place a robust tenancy agreement with your tenant that clearly defines what behaviour is unacceptable from them, other individual that reside at the property and also from any one that visits the property.
As anti-social behaviour covers such a wide range of actions the term needs to be defined clearly for the tenant and examples of behaviour should be listed in the tenancy agreement i.e. noise nuisance, verbal abuse, rowdy behaviour, drug dealing /using etc.
Your tenancy agreement should make it clear what action will be taken by you if your tenant/s breaches the tenancy agreement.
You have a responsibility to deal with any tenants who have become a nuisance to neighbours and nearby households. In the first instance you should meet with your tenant to discuss the allegations to ascertain if they are founded and if the issues can be resolved. Tenants need to be made aware that their behaviour has to be modified and reminded of their tenancy agreement and the consequences of breaching. Warnings to tenants need to be put in writing to them.
For some tenants the swift action of the landlord through an initial warning can be enough to curtail the anti-social behaviour.
If behaviour persists, contact can be made with the Safer South Derbyshire Partnerships Anti-Social Behaviour Officer by completing the online form below
If a tenant’s behaviour is persistent and previous warnings /interventions have failed ending the tenancy may need to be considered.
Please see the Communities at Local Government guidance document: Assured and Assured Shorthold Tenancies which can be downloaded from the bottom of this page under related documents.
If you fail to take any action against your tenant and the anti-social behaviour persists then the Local Authority can decide to take action against you.
The council can make an interim management order if a landlord doesn’t take action to stop cases of serious and repeated anti-social behaviour. This means that the council takes over the management of your property to tackle the anti-social behaviour.
If people in a number of houses in an area are behaving anti-socially, the council can consider creating a ‘selective licensing scheme’. This means all landlords of properties in that area must have a license to show they’re meeting minimum standards.
* Please note that this guide does not provide an authoritative interpretation of the law. If you are in doubt about your legal rights and responsibilities you should seek advice from a Citizens Advice Bureau or consult with a Solicitor.
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The following document is in Portable Document Format (PDF). You can download software to view PDF documents for free from the Adobe website (opens in a new window)
If you are a landlord requiring assistance with anti-social behaviour,please complete this form providing as much detail as possible.
Note: Asterisks (*) indicate required information.
If you experience any problems with this form please contact firstname.lastname@example.org and quote form ID: ILF/247/09