What is Anti-Social Behaviour?

Anti-social behaviour (ASB) in an Occupation context refers to conduct that causes or is likely to cause harassment, alarm, or distress to anyone residing in or visiting the property, or to people in the local community. Examples can include:

• Excessive noise (e.g., loud music, shouting, frequent parties).
• Vandalism or damage to the property or communal areas.
• Harassment or intimidation of neighbours.
• Littering or accumulation of rubbish.
• Drug-related activity.
• Using the property for illegal or immoral purposes.

Your Role as a Landlord

While you are not expected to be a direct enforcer of behaviour, you have a responsibility to address anti-social behaviour originating from your property, especially if it breaches the terms of the occupation contract.

• Contractual Obligation: Most occupation contracts will include clauses prohibiting anti-social behaviour. This gives you a basis for action.
• Impact on Neighbours: Unaddressed ASB can significantly impact neighbours and the wider community, potentially leading to complaints to local authorities.
• Protecting Your Investment: ASB can lead to property damage, devaluation, and difficulty in re-letting the property in the future.

Steps to Take When Dealing with ASB

Follow a structured approach to manage anti-social behaviour effectively:

• Gather Evidence:
  • Encourage complainants (e.g., neighbours, other contract-holders) to keep a detailed diary of incidents, including dates, times, specific actions, and any witnesses.
  • Collect any available evidence such as photos, videos, or police incident numbers.
  • Ensure all evidence is factual and objective.
• Communicate with the Contract-Holder:
  • Once you have sufficient evidence, arrange a meeting or send a formal letter to the contract-holder.
  • Clearly outline the allegations, referencing the specific clauses in their occupation contract that have been breached.
  • Provide them with the opportunity to respond to the allegations.
  • Emphasize the importance of respecting neighbours and the terms of their contract.
  • Document this communication thoroughly.
• Issue Warnings:
  • For initial or less severe incidents, a formal written warning may be appropriate. Clearly state that further incidents could lead to more serious action, including seeking possession of the property.
  • Ensure the warning is clear, specific, and references the contract terms.
• Mediation (Optional): For neighbour disputes that are not severe breaches of contract, consider suggesting mediation as a way to resolve issues amicably.
• Involve Authorities:
  • Police: Advise complainants to report criminal behaviour (e.g., drug dealing, violence, serious harassment) directly to the police. Obtain incident numbers.
  • Local Authority: Local councils often have anti-social behaviour teams that can provide support and may take action themselves, especially if the behaviour impacts the wider community.
• Consider Seeking Possession:
  • If anti-social behaviour persists and breaches the terms of the contract, you may have grounds to seek possession of the property.
  • Under the Renting Homes (Wales) Act 2016, there are specific grounds for possession related to anti-social behaviour 
  • You must follow the correct legal procedures for serving notice and applying to the courts for a possession order. This is a serious step and requires careful consideration and legal advice. This should be considered only as the final option

Important Considerations

• Legal Advice: Always seek legal advice before taking formal action, especially if you are considering seeking possession. Landlord and tenant law in Wales is complex.
• Fairness: Ensure your actions are fair, proportionate, and based on solid evidence.
• Documentation: Meticulous record-keeping of all incidents, communications, and actions taken is paramount. This evidence will be crucial if legal action becomes necessary.
• Contract Holder Vulnerability: Be mindful of any potential vulnerabilities the contract-holder may have (e.g., mental health issues, domestic abuse) that might be contributing to the behaviour. This may require a more sensitive approach and signposting to support services.
• Other Occupiers: Remember that anti-social behaviour can also be caused by visitors or other occupiers of the property, for whom the contract-holder remains responsible under the terms of their contract.