Anti-Social Behaviour Action Plan – “Evicting anti-social tenants”

On 27 March 2023, the Government published their policy paper on their Anti-Social Behaviour Action Plan. The Action Plan covers a wide range of topics and this blog focuses on the plans surrounding the eviction of anti-social tenants and explore what this actually means for landlords.

Anti-social behaviour by neighbours is incredibly stressful and approximately one in three landlords who have ended a tenancy reported that they did so as a result of their tenant engaging in anti-social behaviour. Historically, anti-social behaviour has been difficult to prove for eviction purposes and whilst it may be a commonly quoted justification for eviction, landlords typically employ the no fault eviction route (Section 21) instead of serving a notice quoting anti-social behaviour. The reason being that the Section 21 eviction process does not require any evidence beyond demonstrating that documents were provided to a tenant (depending on the commencement date of the tenancy). However, with the Section 21 route soon to become unavailable for landlords, the Government have needed to address other means to protect landlords’ rights.

The Notice Period

The Action Plan refers to making grounds for possession “faster and far easier to prove. This will mean that landlords can take immediate action – rather than giving two months’ notice and waiting for the end of a fixed term”. The Government continue in stating they will support tenants and landlords by “making the notice period 2 weeks for all anti-social behaviour eviction grounds”. The Action Plan incorrectly compares the new notice to a Section 21 notice when in fact the current governing law of anti-social eviction notices is Ground 14 of Section 8 of the Housing Act 1988. The present notice period is zero days, not two months. Notice is required to be served on an anti-social tenant, however proceedings can be issued immediately. It is unclear why the Government is increasing this notice period to two weeks when they are focusing on “easier” and “faster” evictions.

The Government will reportedly make the standard of proof clearer for judges as to what what needs to be demonstrated in anti-social behaviour evictions. The Government will be shifting from showing that behaviour has inconvenienced someone to behaviour being capable of causing inconvenience or nuisance. Shelter have concerns on the scope of this wording and it is all too clear that neuro-divergent behaviour or those of poorer socio-economic backgrounds may be unfairly prejudiced without clear guidance on behaviour that is “capable” of causing a nuisance and having sufficient protective measures in place.

The Reality of the Action Plan’s Possession Timeline

Currently, it is widely misreported by the media and misleading in the Action Plan as to how long it actually takes to evict any tenant. On reading the Action Plan, you would assume that 2 weeks’ notice can be given to anti-social tenants and shortly thereafter you would either hold an order for possession from the court or even have regained possession of your property. This is far from the reality and we collated data on the turnaround time for courts nationwide and these findings were discussed in a Gazette Article published the same day as the Action Plan. The harsh reality for landlords seeking possession is that a notice will be given, 2 weeks shall pass and proceedings can then be issued. Courts are then taking 8 – 12 weeks to list first hearings. If you are granted possession and your tenant still refuses to vacate, bailiff appointments take a further 6 – 8 weeks to obtain. It will be interesting to see what the effect is of the Government working with HMCTS to “explore how to prioritise anti-social behaviour cases in Possession Lists in the courts” and what the impact will be on other possession cases, such as rent arrears.  

An Alternative?

The reality of the current possession timeframe serves as a timely reminder to consider Alternative Dispute Resolution, such as mediation. The Action Plan refers to an increase in mediation in the private rented sector, with the creation of a new Ombudsman to support landlords when tenants commit “low-level but high-impact” anti-social behaviour.