How to solve anti-social behaviour?

How to solve anti-social behaviour?

9:36 AM, 18th January 2023, About 8 months ago 14

Text Size

Hello, Not sure if anyone can advise, but I have a long standing good tenant who has complained about the new neighbour in the flat upstairs (shouting/fighting/baby crying at all sorts of hours including midnight and beyond).

This has been going on for a few months, my tenant and her husband are shift workers so its affecting their sleep.

Freeholder’s agent says that its against the lease to have a nuisance neighbour and have informed the above flat leaseholder (their landlady) but she’s not doing anything about it. My tenant in fact called the police last week, they did come round but also didn’t do much.

Now my tenant is threatening to leave and I don’t want that.

Called the NRLA helpline but someone absolutely useless, didn’t sound interested, said I’m on my own and can’t do anything about it!

Is this right? I cannot do anything about it??

Thank you,


Share This Article



12:36 PM, 18th January 2023, About 8 months ago

Involve local council and report nuisance, your tennent will need to keep records all instances
I would also contact the owner of the flat above directly (get their name off the Landregistry if you don't have it) and advise them of the issue and what they are goind to do about it. You could also threaten to pursue any loss (should your tennent leave) resulting from their breach of the lease - might result in some action
Unfortunately its not an easy one to resolve and takes time (even if the other landlord were to evict) so be prepared for you tennent to leave when thier patience runs out


13:04 PM, 18th January 2023, About 8 months ago

This is a prime example of why the abolition of S21 will be a disaster. Whilst I appreciate you don't own the flat occupied by the anti social tenant, once S21 has been abolished the owner of that flat will not be able to evict the tenant even if she wants to.
We own and rent out whole blocks of flats and it isn't unusual to find the majority of decent tenants are being disturbed and intimidated by an anti social tenant. At present we use S21 to evict the anti social tenant but when S21 has gone I don't relish the thought of relying on S8 because the court will require proof. The worse the anti social tenant's behaviour is, the less likely other tenants will want to give evidence, because they are scared.
It isn't just anti social tenants you have to worry about, but also their friends and partner(s).
The government and Shelter don't seem to be able to grasp this and the reality is that by abolishing S21 we will no longer be willing to take a risk to help house a tenant who would otherwise be homeless. They are simply increasing the likelihood of the people they claim to represent becoming homeless because S8 will not help to remove the really bad, unpleasant nuisance tenants and as a result decent people who need a landlord to give them a break will find nobody is willing to help.

In your instance unless the flat owner is willing to co-operate your best bet is to provide your tenant with recording equipment so you can provide evidence if needed. Some environmental health departments can provide this. Good luck.


13:09 PM, 18th January 2023, About 8 months ago

If the upstairs was a council or housing association you could report their ASB, but as its a private LL you can't really do sod all except tell your tenants to email you every time there's an issue (so you have a formal record each time) then send on to the upstairs LL and keep pestering them everytime there's a complaint. Upstairs LL just MIGHT get bored of it all and try to remove them, but given the costs and hassle involved with eviction I wouldnt hold my breath.
Some councils also have local relation officers who try and intervene in matters like this before they escalate, so may be worth finding out if there's one in your area.

Reluctant Landlord

14:04 PM, 18th January 2023, About 8 months ago

ONLY thing you can do is tell your tenant to log the issue with the Council under an ASB heading.

YOU are not directly impacted by the issues so the council will not be interested in any way with any complaints that come your way. You cant even give your tenants details to them so that they can open a file. It is all 'direct complainant' led.

The only thing your tenant can do is tell the council that they have informed you as the LL and reported the issues to you.(and then if the council ask you can confirm that they have complained to you on X date abut X issue at X time)

If you want to progress this issue with the leaseholder of the flat above (whos tenant is the issue) then you can do this yourself by writing to them,. This is evidence that you are doing what you can do if your tenant asks or if the council ask you for evidence of the same.

Basically you have no control over this and definately no control over the outcome unless the leaseholder above serves notice on their tenant. Is this going to happen? If they have no issues with their tenant and they pay the rent etc, its of no benefit to them, so the reality is nothing will happen unless the Council write directly to the tenant above and progress this on behalf of your tenant.

Been here before myself!

I only got a result when the ASBO tenant (not mine) actually got arrested and then the flat above was re-let, otherwise I have no idea how this would have ended!


14:39 PM, 18th January 2023, About 8 months ago

So as Leaseholder you have a lease enforced by your Landlord to whom you pay service charge who enforces lease covenants which you have to ensure your tenants comply with. So the other leaseholder has a similar lease. So that LH who owns the lease on flat in which their tenants are breaching your legal right to peace and enjoyment by extension your tenants providing they pay you sc in form of rent. So your LL has to pursue the LH of the other flat for breaching his Lease by allowing his Tenant to breach the Lease). As LH in same block you all contribute to maintenance and proper running of whole block. HMLR will identify who holds the legal role of your LL and report it. If no response apply to FTT property tribunal.

Michael Johnson - Amzac Estates

15:27 PM, 18th January 2023, About 8 months ago

Sorry to hear this. Just by chance is the property based in Wales? If it is you could report this directly to Rent Smart Wales and they would take action against the landlord.


16:04 PM, 18th January 2023, About 8 months ago

Reply to the comment left by KH at 18/01/2023 - 13:04
Based on my experience, your best option is:
1. to ask your tenant to keep records or times and events/incidents;
2. Write to the freeholder/management company (dont call them) at the bottom of the same letter write:
a) CC to tenant who is causing trouble
b) their landlady
c) the Environment dept of the Council

Involving all those will alert even the council to act; the management company and the landlady also have duty of care and therefore responsibility to take action.

When the council officer contact you, suggest or ask permission to install a recording device DO NOT install recording device without the council permission, the trouble maker can accuse you that you are breaching their privacy which is illegal. The council will advice you at what decibel level you can put your recording device if at all.

Be prepared for long...months if not year to deal with. The Council potentially could order for the building as a whole to instal soundproof between floors... is unlikely but possible... this decision do not take easily by the council but they can... all leaseholders have to pay for it, is expensive and time consuming.
Good luck

Paul Essex

18:40 PM, 18th January 2023, About 8 months ago

Note: crying babies are specifically excluded from the noise legislation.


9:48 AM, 21st January 2023, About 8 months ago

Asking the police for copies of their reords of when they attended the property prior to going to court will not happen due to the data protection tion act.

In Wales we have to wait 6 months before we can issue a section 21 notice.

I have had a number of superb tenants leave due to ASB by one of my tenants.....

Another well thought out policy by the Welsh Government!


10:28 AM, 21st January 2023, About 8 months ago

Reply to C CA
The council will not do anything due to lack of money, staff and amount of noise complaints.
The terms of the lease might state no noise between (usually 11pm-8am) and keeping record of breaches, go to FTT for determination a breach occurred and pursue the leaseholder owner of the flat, by serving section 146 forfeiture notice

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership


Don't have an account? Sign Up

Landlord Tax Planning Book Now