Antisocial behaviour can be one of the most difficult tenancy problems for landlords to manage.
Noise, threats, harassment, criminal behaviour, damage, intimidation and persistent nuisance can affect neighbours, other tenants and the wider community. But where a landlord may eventually need to seek possession, allegations alone are not enough.
The strength of a case often depends on the quality of the evidence.
What is Ground 14?
Ground 14 is a discretionary possession ground that can be used where the tenant, someone living with them or a visitor has been guilty of conduct causing or likely to cause nuisance or annoyance, or has been involved in certain unlawful behaviour.
Because the ground is discretionary, the court considers whether it is reasonable to make a possession order.
That makes preparation important.
A landlord should be able to show not only what happened, but how serious the behaviour was, how often it occurred and what steps were taken in response.
Start recording problems early
Landlords should not wait until the situation becomes intolerable before creating a file.
For every reported incident, record:
- the date and time;
- what allegedly happened;
- who reported it;
- where it occurred;
- who was affected;
- whether anyone witnessed it; and
- what action followed.
A consistent incident log can be much more useful than several vague complaints made months later.
Ask for specific complaints
Neighbours or other tenants may say that someone is “always causing trouble”.
That may be understandable, but it is not particularly strong evidence.
Encourage people making complaints to provide specific details.
For example:
- “Loud music until 3am on 12 September” is more useful than “they are noisy”.
- “Threatened me outside the front door at 7pm” is more useful than “they are aggressive”.
- “Police attended after a fight” is more useful than “there is always trouble”.
Specific evidence helps establish a pattern.
Keep witness evidence where possible
Witnesses can be important.
Where someone is willing to provide a written account, landlords should retain it carefully.
A useful statement may include:
- the witness’s name;
- address or relationship to the property;
- what they personally saw or heard;
- dates and times;
- how the behaviour affected them; and
- whether they reported it elsewhere.
Landlords should distinguish between first-hand evidence and rumours.
Police and council records can help
Some antisocial behaviour may also involve:
- the police;
- local authority antisocial behaviour teams;
- environmental health;
- housing enforcement;
- social services; or
- other agencies.
Where those organisations become involved, keep reference numbers and correspondence.
Do not assume that simply saying “the police were called” will be enough.
The more accurately the involvement can be documented, the stronger the record.
Noise complaints need proper evidence
Noise is one of the most common sources of tenancy disputes.
Landlords should keep:
- complaint logs;
- recordings where lawfully obtained;
- council noise-team correspondence;
- warning letters;
- inspection notes; and
- evidence of repeat incidents.
One isolated event may not justify possession.
A repeated pattern supported by clear records is more significant.
Warn the tenant where appropriate
In many cases, landlords should raise the complaint with the tenant before moving towards possession.
That gives the tenant an opportunity to respond and may resolve the problem.
Keep copies of:
- warning letters;
- emails;
- meeting notes;
- agreed behaviour plans; and
- follow-up correspondence.
If the behaviour continues despite warnings, those records can help show that reasonable steps were taken.
Be careful with anonymous complaints
Some neighbours may be reluctant to identify themselves because they fear confrontation.
Anonymous complaints can still alert a landlord to a problem, but they can be more difficult to rely on as evidence.
Where possible, obtain corroborating evidence from:
- other witnesses;
- police records;
- council records;
- CCTV where lawfully available;
- inspection notes; or
- other independent sources.
Serious behaviour may need immediate action
Not every case should follow a slow warning process.
Violence, threats, serious criminal conduct or behaviour creating an immediate safety risk may require urgent action.
Landlords should consider contacting the police or relevant authority where appropriate.
Where possession is being considered in a serious case, specialist legal advice may be necessary.
Ground 14 is discretionary
Unlike a mandatory ground, Ground 14 does not guarantee possession simply because the landlord proves that antisocial behaviour occurred.
The court will consider whether making a possession order is reasonable.
Factors may include:
- seriousness of the behaviour;
- frequency;
- impact on others;
- warnings given;
- whether the behaviour continued;
- evidence from witnesses; and
- the tenant’s response.
That is why thorough evidence matters.
How does the position differ elsewhere in the UK?
Ground 14 applies to England.
Wales uses occupation contracts and has its own possession procedures.
Scotland uses the Private Residential Tenancy system with separate eviction grounds.
Northern Ireland also has its own tenancy and possession rules.
Landlords should therefore use the procedure appropriate to the property’s jurisdiction.
Build the file before you need it
Antisocial behaviour cases can become highly contested.
Landlords should not rely on memory, general complaints or assumptions.
A strong file should contain:
- incident logs;
- witness evidence;
- correspondence;
- police or council information;
- warning letters; and
- evidence showing the impact of the behaviour.
The better the record, the easier it is to decide what action is appropriate.
NetRent’s Landlord Legal Updates will continue to explain important legal and regulatory issues affecting landlords, letting agents and tenants across the UK.
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Important information
NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.