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How the new Anti-Social Behaviour Act Affects Landlords


News provided by

Just Landlords

10 Nov, 2014, 14:35 GMT

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BROMLEY, England, November 10, 2014 /PRNewswire/ --

As a landlord it is likely that you have experienced one or two tenants that aren't quite as you expected. However, when you get a tenant that is anti-social they can be a complete headache. Not only because they can cause problems with the local neighbourhood but because they can also interfere with your business, especially if they damage the property. However, as a landlord you are unfortunately responsible for your tenants which means that if they are upsetting neighbours you are expected to step in and make a change. Having said this it isn't just as easy as evicting them because as a tenant they do have certain rights.

Recently the Anti-Social Behaviour, Crime and Policing Act 2014 came to fruition which will aid in evicting rogue tenants as well as those that are generally being disruptive. Many have welcomed this Act with open arms but what does this now mean for landlords? Just Landlords has suggested how this will affect your business.

Gov.co.uk suggests that the Anti-Social Behaviour, Crime and Policing Act 2014, "will introduce simpler, more effective powers to tackle anti-social behaviour that provide better protection for victims and communities." The Act was created as a response to a number of complaints about the ASBO system that was previously in place as it was not an effective warning.

This new Act ensures that the public have more power when it comes to those who constantly break the law. This has been made possible by the Community Trigger which means that if there are three complaints against one person within six months then the local council is required to perform a review. The history of the case will be looked into to decide whether any further action is required. Previously, these matters could have taken years but the Community Trigger now means that anti-social behaviour can be dealt with in a more efficient manner.

For landlords this is great news as it will mean that they can evict anti-social tenants quicker than in the recent past; "Unlike the existing discretionary grounds for possession, the landlord will not be required to prove to the court that it is reasonable to grant possession. This means the court will be more likely to determine cases in a single, short hearing."

If your tenant is behaving anti-socially in order to repossess your property you must be able to prove that they meet one of the following criteria:

  • The tenant has been convicted of a serious offence
  • They have to have been found by a court to have breached a civil injunction
  • The tenant has been convicted for breaching a criminal behaviour act
  • The tenant has been convicted for breaching a noise abatement notice
  • The property has been closed for over 48 hours as a result of a closure order for anti-social behaviour.

Landlords have already been using the Anti-Social Behaviour, Crime and Policing Act 2014. It is hoped that this new Act will deter tenants from acting anti-socially which will make life run a little smoother for landlords and neighbours.

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