In the summer issue of Landlord Focus magazine, Solicitor Dylan Ackerley (Dispute Resolution and Litigation) looks at the practical steps landlords can consider, the challenges around eviction, and the importance of taking a proportionate, well-informed approach.

An initiative launched recently by Victim Support Scotland to support landlords, tenants and letting agents affected by anti-social behaviour in the private rented sector highlighted the many impacts that the issue can have.

The project, Helping Victims of Antisocial Behaviour in the Private Rented Sector, aims to strengthen how the sector recognises, responds to and supports all kinds of victims.

Anti-social behaviour problems are commonly reported - often complaints around frequent loud parties, loud music, littering, drugs and other intimidating or alarming behaviour. Whilst the behaviour is not perpetrated by the landlord, there is an expectation they should take reasonable measures to deal with the tenant’s behaviour.

Furthermore, the Antisocial Behaviour etc. (Scotland) Act 2004 places a legal obligation on landlords to try to resolve anti-social behaviour. If the landlord fails to do so, measures can be taken against the landlord, including sanctioning / freezing rent payments or removing the landlord from the landlord register. Anti-social behaviour must therefore be taken seriously by a landlord.

Evictions

Given that it is a valid ground for termination of a tenancy, it might be tempting for a landlord to try to immediately evict a tenant for anti-social behaviour. It is not, however, that simple.

Tribunal applications take a long time. The landlord must firstly serve a termination notice giving the tenant between 14 and 28 days’ notice, depending on the tenancy type.

After that, the landlord must make an application to the First-tier Tribunal. Even in cases involving antisocial behaviour, the First-tier Tribunal has no fast-track procedure. Currently, the first eviction hearing might be as much as five months after the original termination notice was served.

If the tenant disputes the eviction, the legal burden is on the landlord to prove that the anti-social behaviour took place. That can be surprisingly difficult.

Neighbours can be keen to report anti-social behaviour without the tenant’s knowledge. Whether they would be willing to give witness evidence against the tenant at a hearing is another matter. Without witnesses who are willing to give evidence, the eviction process can be risky and potentially costly.

It is also worth keeping in mind that there are usually two sides to every story. The tenant might not be the best behaved, but it is also possible for neighbours to overstate incidents. It is important that the landlord is confident the behaviour is anti-social.

The landlord also has to prove that the behaviour is serious enough to merit eviction. The Tribunal might decide the eviction is unreasonable if the tenant’s behaviour has improved. The Tribunal is also less likely to evict a tenant if they have not been given the opportunity by the landlord to resolve their behaviour.

Other measures

Whether or not the landlord intends to raise eviction proceedings, there are some actions they could take to manage anti-social situations:

  • Let the tenant know their behaviour has been reported to you, ideally be by letter or email. Meet with the tenant, if appropriate. Give the tenant a chance to explain their side.
  • Keep neighbours informed about the steps you are taking. Ask them to keep in touch.
  • Ask neighbours to write a log detailing all events of anti-social behaviour.
  • Contact your local council to advise them about the behaviour.
  • If there are any police reports, try to get a note of the incident number.
  • If eviction looks necessary, check if any of the neighbours who witnessed the behaviour would be willing to give evidence at the Tribunal if necessary.

Every situation is different. The landlord’s duty is not to stop the behaviour but to take reasonable steps as best as they can. So long as the landlord tries to resolve the situation, there should be no claims that they have breached their duties.