Private Sector Powers

Powers to Tackle Individuals in Private Accommodation

A number of the tools for tackling anti-social behaviour are tenure-neutral and can be used to curb the anti-social behaviour of those in private accommodation. These tools may be specific to the type of behaviour exhibited, for example:

• noise abatement action;
• closing crack houses;

Or there are more generic means of tackling anti-social behaviour, regardless of tenure, such as:

• penalty notices for disorder; 
• mediation for a neighbour dispute
• local authorities may initiate civil proceedings under section 222 Local Government Act 1972 to seek injunctions against private tenants or owner-occupiers in order to promote or protect the interests of inhabitants in their area
• ASBOs

Anti-social behaviour orders

ASBOs are tenure-neutral and can be used to prohibit the anti-social behaviour of owner-occupiers or those in private-rented accommodation, as well as social housing tenants.

Anti-social behaviour orders (ASBOs) are civil orders made by a court which prohibit the offender from specific anti-social acts and from entering defined areas on a map (exclusion zones). An order lasts for a minimum of two years. The purpose of an ASBO is to protect the public from behaviour that causes or is likely to cause harassment or alarm or distress, not to punish the offender.

ASBOs are community-based orders that involve local people in collecting evidence and in helping to enforce breaches of the prohibitions in the order. They are designed to encourage local communities to become actively involved in reporting crime and anti-social behaviour, thus building and protecting the community.

Any action taken in the county court for anti-social behaviour can have an ASBO application attached to it. This can also include joining persons other than a party to the principal proceedings whose behaviour is material in order to seek an ASBO against them.

Private landlords should engage with other responsible local agencies such as the police and local authority to work together to manage anti-social behaviour in the community.

Injunctions

In addition to ASBOs, any landlord, public or private, can apply to the high court or county court for an injunction to enforce a nuisance clause in a tenancy agreement. It is important for nuisance clauses to be strong and clearly worded, making it crystal clear to tenants that nuisance or anti-social behaviour, whether by them, their visitors, lodgers or children, is not acceptable and may lead to them losing their home.

Injunctions can be used with or without an action by the landlord to evict the tenant from the property. An injunction used with possession proceedings may succeed in stopping the nuisance behaviour, in which case the court may decide to make a suspended order for possession

Enforcement can be:

• eviction from the tenancy; and/or
• an injunction restraining that tenant or visitors to the property from acting in an anti-social manner.

Using their powers under Section 222 of the Local Government Act 1972, local authorities can apply to the civil courts for injunctions to restrain anti-social behaviour that constitutes a public nuisance. Injunctions can prohibit the individual from entering the area where the nuisance has been committed and may also contain other prohibitions designed to restrain the type of anti-social behaviour which has caused the public nuisance.

Further Information

You can obtain further information from the following:

ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.

Telephone: ASB Unit Hotline 01670 542060

RNID Typetalk service prefix number 18001

EMail: Anti-Social Behaviour Unit