Evicting tenants for anti-social behaviour under the Renters’ Rights Act

The government has issued guidance for landlords on evicting tenants for anti-social behaviour, including the introduction of a new ground for possession.

Under the Renters’ Rights Act, when using a discretionary ground for possession, landlords will have to prove that anti-social behaviour has occurred, and the court will then decide whether it is reasonable to evict the tenant.

Previously, a Labour Minister claimed that the Renters’ Rights Act will help tackle anti-social behaviour.

What counts as anti-social behaviour?

The government guidance provides examples of what counts as anti-social behaviour, covering both criminal and non-criminal behaviour, for example:

• causing a nuisance to neighbours
• noise
• verbal abuse, harassment and threats
• drug use or drug dealing
• vandalism
• graffiti
• fly-tipping and littering
• discarding syringes or needles
• issues with pets

However, the government guidance says minor issues such as problems with bins, parking disputes, or one-off incidents do not count as anti-social behaviour.

The government guidance also claims landlords can reduce the risk of anti-social behaviour by asking for a reference from a previous landlord or letting agency.

The guidance adds landlords could include terms in the tenancy agreement that prohibit antisocial behaviour and help tenants understand their responsibilities.

For example:

• how tenants can let you know if they’ll be making excess noise
• how tenants can report other tenants committing antisocial behaviour (if you have more than one tenant living in the property)

Landlords will have to provide evidence

However, if the tenant’s behaviour is causing problems, the guidance recommends talking to the tenant directly to resolve any issues and keep an ‘incident diary’ to record any antisocial behaviour involving your tenant.

The government say if the landlord does not feel safe to speak to the tenant, they should report the tenant’s behaviour to the police or local council.

The government guidance also says that if landlords need to go to court, they will need to show that the conditions of the ground or grounds apply by providing evidence, which includes:

• a record of speaking or writing to your tenant about their behaviour
• complaints from neighbours or housemates such as witness statements or incident diaries
• videos or photos
• information from an antisocial behaviour or noise app where you can log incidents as they happen
• recordings of noise
• Statements and reports from witnesses and neighbours

Evicting a tenant for anti-social behaviour

A landlord may be able to evict a tenant for anti-social behaviour using Section 8 grounds under the Renters’ Rights Act.

The government guidance says landlords can give notice using Ground 7A or 14, and will be able to immediately apply to court for a possession order. If landlords use Ground 12, they will need to give the tenant 2 weeks’ notice before applying for a possession order and will be able to use more than one ground.

Landlords can evict a tenant using a discretionary ground and must prove that anti-social behaviour has occurred.

The grounds in the government guidance are:

Ground 14: nuisance, illegal or improper use

Most antisocial behaviour will come under ground 14, which is a discretionary ground.

This behaviour does not have to happen only in your property – it can happen nearby. Ground 14 also covers when your tenant commits a serious offence near your property.

The judge will consider all the factors related to the case. This includes:

• the impact the behaviour has had, including continuing impact
• the impact of the behaviour if it is repeated
• the impact on other tenants in a house of multiple occupation (HMO) where accommodation or facilities are shared
• if your tenant has responded to attempts to resolve the behaviour

Ground 12: breach of tenancy  

Ground 12 can be used when your tenant has broken one or more of the terms in the tenancy agreement. The court will still need to decide if it is reasonable to evict your tenant.

Evicting a tenant on mandatory grounds

A ‘mandatory ground’ means if your evidence proves the ground is met, the court must give you a possession order.

Ground 7A: antisocial behaviour

If your tenant has engaged in serious criminal behaviour, you will be able to use ground 7A to apply to court for an eviction.

For this ground to be met, your tenant will need to have either:

• been convicted of a serious criminal offence or breached a previous ‘Injunction to Prevent Nuisance or Annoyance’ (IPNA)
• breached a criminal behaviour order
• been convicted of causing noise nuisance

The criminal behaviour will need to have taken place either:

• in or near the property
• somewhere that affects you as the landlord, such as the property of someone who lives nearby or who is employed by you

If you rely on a conviction to evict a tenant, landlords will have 12 months from the date of conviction to give notice that you are seeking possession.

Landlords will also be able to use this ground if the council or police have applied for a closure order and access to the premises has been prohibited for more than 48 hours.

Landlords will need to give notice within 3 months of the closure order.

Tenant damaging a property

Landlords should also be aware that if a tenant damages a property, the deposit should be protected with a government-approved Tenancy Deposit Protection (TDP) scheme.

If the tenant causes damage, landlords may retain some or all of the tenancy deposit to cover repair costs.

The government guidance advises landlords to discuss with the tenant how much of the deposit they plan to retain. If both parties agree on the amount, landlords may deduct this from the deposit at the end of the tenancy.