This note outlines the legal position and potential remedies available where people find themselves living next door to tenants of private landlords or owner-occupiers who exhibit anti-social behaviour.Jump to full report >>
It can sometimes be difficult for people living near to anti-social private tenants or owner-occupiers to resolve the problem; for example, private landlords may prefer not tackle their anti-social tenants.
Victims of ASB should report their circumstances to the local Community Safety Partnership and seek professional legal advice on any remedies that might be applicable in their individual circumstances. What amounts to an appropriate remedy will depend on the precise circumstances involved; the victims of ASB often need to keep detailed records of their experiences, particularly if legal action is envisaged.
Local authorities and the police have extensive powers under the Anti-Social Behaviour, Crime and Policing Act 2014, together with other legislation, to tackle different types of ASB. These powers range from abatement orders to deal with noise nuisance, to injunctions excluding tenants/owner-occupiers from their homes in cases involving violence or a significant risk of harm.
The Department for Communities and Local Government (DCLG) has published a guide for local authorities: Dealing with rogue landlords (August 2012).
Although this paper covers England, the remedies available for tackling housing related ASB in private properties are largely the same in England and Wales. Welsh Ministers have the power to commence certain specified provisions of the 2014 Act in relation to Wales.
Commons Briefing papers SN01012
Author: Wendy Wilson