Anti-social behaviour and breaches of contract

9 min read

Antisocial behaviour (ASB) can have a significant and detrimental impact on victims. However, those causing nuisance may be vulnerable or unaware and in need of guidance and support to address their behaviour and actions. This guide addresses common problems reported by tenants and landlords and provides ways of dealing with them safely. 

Drugs

“There have been complaints about the smell of cannabis coming from the property. What should I do?”

If you feel safe doing so, make regular visits as this may discourage this behaviour. Anyone who has reported the smell of cannabis can assist you by completing diary sheets.

Change Grow Live (CGL) provides advice and support to anyone struggling with substance misuse issues in the Reading area, including detox services, health assessments, and peer led activities. Visit Change Grow Live (CGL) or contact CGL on 0118 955 7333 to find out more.

If there is clear evidence of drug dealing from a property, you can report the matter to both Thames Valley Police and the Antisocial Behaviour Team (ASB). With consistent and sufficient evidence, the police can collate, assess, and develop intelligence to take appropriate action. 

If you believe someone is at risk of serious harm call 999. In all other cases, call 101 or report to Thames Valley Police online. If you are deaf or hard of hearing use TVP’s text phone service 18000. In an emergency text 999 if you’ve registered for with the emergency SMS service. 

If you are deaf or hard of hearing use TVP’s text phone service 18000. In an emergency text 999 if you’ve registered for with the emergency SMS service. 

Call the Antisocial Behaviour Team on 0118 937 3787

Neighbour disputes

“My tenant is shouting abuse at neighbours and threatening them. What can I do to address this?”

• Create a Good Neighbour Agreement, to set out clear expectations and highlight any concerns from all parties. This informal contract between you, your tenant and their neighbour, may stop any nuisance or annoying behaviour. 
• Issue a formal warning letter if your tenant breaches the Good Neighbour Agreement. 
• If there is a risk of harm to a person or property, call the police. You may also wish to make a third-party report. In an emergency call 999, otherwise call 101 or report to the Antisocial Behaviour Team. 

The police can advise on preventative measures, which may include an Injunction. They may also send a report to the council’s Antisocial Behaviour Team for assistance. All affected parties should record any nuisance behaviour in diary sheets. 

See guidance on completing diary sheets for more information.

The ASB team review diary sheets and decide if the matter is antisocial behaviour, and may put in place the following: 

Acceptable Behaviour Contract

An Acceptable Behaviour Contract is a voluntary written agreement between the person who is behaving antisocially and any other relevant people (for example the council or the police). The aim is to help the person to recognise how their behaviour is impacting others. 

Injunction Order

Injunctions can be applied for by authorities including the police and a local authority. An injunction is granted for a specific time and names someone responsible for ensuring it is upheld. It can also include a power of arrest if breached. An Injunction Order can be granted against any person aged 10 years or over if two conditions are met: 

• the court is satisfied on the balance of probabilities that the person has engaged or threatens to engage in ASB 
• the court considers it is just and convenient to grant the injunction to prevent the person engaging in ASB 

Community Protection Notices

A Community Protection Notice (CPN) is aimed to prevent unreasonable behaviour having a negative impact on the local community’s quality of life.  Any person aged 16 years or over can be issued with a notice, as an individual or a business, and it will require the behaviour to stop and, if necessary, reasonable steps are taken to ensure it does not happen in the future. 

Noise complaints

“I have received complaints about my tenant disturbing neighbours with loud music and shouting. What can I do?”

To be a statutory nuisance, the noise must be more than just annoying or simply audible, and it must be frequent. It must significantly interfere with the enjoyment of another’s own home and appears unreasonable to the average person. Steps to consider: 

• If you have received a complaint, talk with your tenant in the first instance. They may not realise they are causing a disturbance. 
• If the problem persists, the complainant(s) will need to evidence that it is repetitious and unreasonable. They are advised to keep diary sheets  for two weeks, which enables the council’s Environmental Health team to determine if the noise is indeed a statutory nuisance. They can also download the noise app as further evidence. 
• Once the diary sheets have been submitted and reviewed, and if the council believes the tenant is causing a nuisance, they will write to the tenant and let them know a complaint has been made. In many cases this may solve the problem. 
• The person complaining will be asked to complete diary sheets for a further 2-3 weeks to see if the problem persists. 
• If there is continuing evidence of nuisance the council will either install recording equipment or arrange to visit and witness the nuisance themselves. 
• If there is clear evidence of persistent nuisance, the council’s Environmental Health Team will issue a Noise Abatement Notice. If this notice is ignored, and the nuisance continues, legal action may be taken. 

Pets

“My tenant has a dog. Neighbours have complained it is constantly barking and disturbing them. Is there anything I can do?”

• There is usually a reason why a dog is constantly barking, such as loneliness or boredom or they may have a medical problem. The dog may also benefit from some formal training. 
• If there is continuing evidence of nuisance the council’s Dog Warden can visit the dog owner. The warden will spend time with them, assessing the situation and give advice. They will also check the animal is not being neglected. 
• If the owner does not cooperate and the problem persists, the council can issue a Noise Abatement Notice. If this notice is ignored, and the nuisance continues legal action may be taken. 

“My tenant has got a pet which is breach of contract. They are a good tenant, but I feel uneasy about this.”

There are several ways a tenant can demonstrate they are and will be a responsible pet owner: 

• They can produce a pet CV . This would include the contact details of their veterinary practice, proof of microchipping, details of vaccinations, flea and worming treatments, any training courses attended, and someone who can care for their pet in an emergency. 
• They could obtain a reference. If the pet has been part of a renting household before, provide a reference from their previous owner or landlord. 
• They could arrange for you to meet the pet to put your mind at ease. 
• They could agree to train their pet. The Institute of Modern Dog Trainer’s website provides details of qualified trainers in the local area.   
• Your tenant could agree to complete a deep clean at the end of the tenancy. 
• If you decide you are happy for your tenant to keep a pet, add a clause to their tenancy agreement which contains all the things you have agreed on. 

Refer to House of Commons Library “Can my landlord prevent me from keeping a pet? (England)” for further guidance.  

If you do not want them to keep a pet our tenants wanting to keep a pet page contains suggestions about ways they can still easily interact with pets and other animals on a regular basis.  

Denying access to the property

“My tenant is denying me access to the property. What can I do?”

A tenant does not need to allow access for improvements that do not count as repairs or mandatory checks and assessments. However, landlords can enter a property, giving reasonable notice, to carry out the following: 

• Annual gas safety checks, EiCR inspections and EPC assessments 
• Inspections for repairs
• Urgent repairs  

Reasonable notice may be less than 24hrs if the repair work is urgent, such as a leak. 

A tenant may be breaking their tenancy agreement if they refuse access for any of the above reasons. However, it is clearly in their best interest to cooperate.  

There may be several reasons why they are not allowing access. For example: 

• They may feel uncomfortable allowing you into the home if they are not at home or on their own. Arranging a day and time when they can be accompanied or a friend or family member can be at the home when you arrive.
• If English is not their first language they may not fully understand the reason for the visit. Why not download our letter/email template which we have produced in several languages. If you are still experiencing problems the Homeless Prevention Service at the council may be able to assist with a translator. 
• Their contact number may have changed, and they may have forgotten to update you, so ensure you also send an email.
• They may be in hospital or on holiday. 

A tenant has a right to “quiet enjoyment” of their home and if you or tradespeople letting yourselves in unannounced, this may be deemed as harassment. If the tenant feels sufficiently threatened by this and they change the locks without consent, it may still be a breach of tenancy, However, tenants may have a legitimate reason to change the locks if there is a security risk, and they cannot reach you.