Can landlords enforce eviction for anti-social behaviour?

Dealing with anti-social tenants is never easy and can be a very stressful issue to have to navigate as a landlord. In fact, imposing eviction for anti-social behaviour on tenants is a difficult process because of all the information you need to gather. It is also very important that you understand your legal boundaries and the procedures that need to be followed before taking action such as eviction. 

Here, we’ll look at the appropriate steps you can take as a landlord to ensure that you’re operating within the law and that you get the best possible outcome from the eviction process. 

Defining anti-social tenants

You need to know what is classed as anti-social behaviour before taking action so that you know whether or not you’re making the right choice. When a tenant displays anti-social behaviour, they’ll likely be causing harm or distress to others within a community or shared living space. 

This also includes any disruptive behaviour within a rented property where the peace of the other residents is disturbed on a regular basis. Common examples of anti-social behaviour include: 

• Noise disturbances (especially during unsociable hours) 
• Harassment or intimidation (this can be verbal or physical) towards other tenants and residents 
• Vandalism or property damage (this includes the deliberate damage of property, like vandalism, broken windows or furniture damage)
• Substance abuse (this can also include drug dealing out of the property)
• Illegal waste disposal (littering in shared spaces or leaving rubbish in communal spaces) 
• Nuisance activities (deliberately negatively impacting the quality of life for neighbours). 

Each local council will define anti-social behaviour in a slightly different way, but the main thing to note is that anti-social behaviour is behaviour from a tenant that causes upset to neighbours and the local community. 

Legal framework and tenant rights

It’s also important, however, to note that tenants are protected under UK legislation regarding unlawful eviction and that landlords need to ensure that they have all of the necessary evidence to hand before beginning the eviction process. 

Protection from Eviction Act 1977

The Protection from Eviction Act 1977 is designed to safeguard tenants from being wrongfully evicted. It also states that: 

• Landlords must follow proper legal procedures before evicting a tenant. This means serving the correct notice and obtaining a court order (a possession order) if the tenant does not vacate voluntarily.
• The Act explicitly prohibits landlords from taking matters into their own hands, such as changing locks or physically removing a tenant, without first following the legal eviction process.
• It ensures tenants have the right to secure and uninterrupted access to their homes and protects them from forcible or arbitrary eviction.
• Carrying out an illegal eviction or harassment of tenants can lead to criminal charges, civil penalties, and orders for compensation to be paid to the tenant.

Housing Act 1996

The Housing Act 1996 made several amendments to the Housing Act 1988 to streamline possession procedures and provide clearer guidance on both landlord and tenant rights. 

It refined aspects of the eviction process to ensure that both parties have clear, standardised procedures to follow, reducing ambiguity in court proceedings and notice requirements. It also reinforced measures to protect tenants from unlawful eviction, ensuring that landlords strictly adhere to statutory procedures before regaining possession.

The risks involved with illegally evicting a tenant range from having to pay fines, to serving jail time and financial compensation to the tenant. 

Trying to get rid of a tenant without following the proper procedures will fall under tenant harassment and can include things like stopping services, withholding the key to the property from tenants, refusing to carry out repairs and threats or physical violence. 

Process for eviction for anti-social behaviour

However, this does not mean that you won’t be able to enforce eviction for anti-social behaviour on your tenants if it is necessary. Let’s take a look at the process you will need to take in order to get the ball rolling with this. 

Documentation and evidence collection

It is important that you have collated as much evidence as possible before you begin the eviction process due to anti-social tenants. So, ensure that you have detailed records of dates, times and incidents. You could also include any witness statements in your evidence.

Warning notice

Next, you’ll need to issue a warning notice to your tenants, outlining your concerns regarding their behaviour. Politely ask your tenants to stop their anti-social behaviour first before going the legal route. 

Serve a Section 8 notice

If your tenants still refuse to change their behaviour, your next step would be to serve them a Section 8 notice.  This is a formal eviction notice that outlines the anti-social behaviour as being the reason for the eviction. 

Court proceedings

If the tenant still refuses to leave your property after a Section 8 notice has been served, you are within your rights as the landlord to apply for a possession order from the court. You’ll need to present the court with all of the evidence you collated. 

Court hearing

The next step in the process is for the court to hear both sides of the story. Once this has been done, they will decide whether or not to grant the possession order. 

Enforcement by bailiffs 

If the tenant still refuses to leave your property, they will be forced to leave by bailiffs, who are able to physically evict them. 

Best practices for avoiding tenants with anti-social behaviour

There are things that you can put into place to help you mitigate being stuck with tenants that display anti-social behaviour, for example: 

• Conduct pre-tenancy checks by asking tenants to provide you with references
• Provide the neighbours with your contact details should they need to call you because of anti-social behaviour
• Having clear tenancy agreements that highlight the consequences of displaying anti-social behaviour 
• Proactively managing your property by conducting regular inspections and building a report with your tenants.

Make sure to seek professional legal advice before and during the eviction process. Not only will this ensure that you’re doing all of the right things, but it will also take some pressure off you when dealing with anti-social tenants. 

If you’re wondering how to protect your property from malicious damage caused by anti-social tenants, make sure you contact our team of experts at CIA Landlords on 01788 818 670.