Obtaining Possession Following Serious Anti-Social Behaviour

Background and overview

Our client was a company landlord with four residential properties in a cul-de-sac, each let under separate Assured Shorthold Tenancy agreements. The tenants of the four properties shared a communal garden and all of the tenancies were managed by a letting agent.

A new tenant moved into one of the properties and engaged in anti-social behaviour including verbal abuse, loud music during the early hours, allowing their dog to bark continuously, failing to clean up after the dog in the shared garden and threatening other tenants with a knife. The Police attended on a number of occasions.

The other tenants repeatedly complained to the letting agent and expressed fear for themselves and their children. Two tenants stated they could no longer remain if the tenant was not evicted.

The letting agent had kept a detailed log of all of the incidents.

The client instructed us to obtain possession of the property as quickly as possible.

Our role and actions taken

We served a notice under Ground 14 of Schedule 2 of the Housing Act 1988 and promptly issued possession proceedings.

We prepared a detailed witness statement for the letting agent and exhibited the incident log as well as emails from tenants (with their consent) and correspondence from the Police. We also prepared a statement for the landlord confirming the tenancy details and the landlord's right to possession.

Shortly before the hearing, the tenant notified the letting agent that she was subject to bail conditions preventing her from entering Dorset except for court hearings. We advised on this issue and updated the Court at the hearing.

Outcome

At the possession hearing, we presented the evidence and the Court was satisfied that Ground 14 had been established. A possession order was granted with costs summarily assessed.

Our advice to landlords

It is difficult to obtain possession for antisocial behaviour under the discretionary Ground 14 where it is up to the judge to consider if it is reasonable to make an order evicting a tenant. 

It is essential therefore for Landlords and agents to keep detailed records of the antisocial behaviour. 

It is also helpful if neighbours are prepared to provide evidence in support of the claim, although there can be reluctance on their part, for fear of repercussions.

For very serious antisocial behaviour, there is also mandatory Ground 7A, which means that if the judge thinks this should succeed then the Court must make an order for possession. In order to succeed under Ground 7A, the tenant must have been convicted of a serious offence, serious antisocial behaviour or breached an injunction or other court order.

This case-study demonstrates our recent experience in possession proceedings involving persistent anti-social behaviour and our ability to act quickly to protect landlords and other tenants. 

It also highlights our expertise in preparing detailed evidence and successfully presenting possession claims to the Court.

For assistance with a property despite resolution case, please get in touch by calling 0800 652 8373 or by emailing [email protected].