Flat-Living.co.uk ARMA
ARMA LESSEE ADVISORY NOTE: LAN 12
Anti-Social Behaviour
Note:- one of ARMA’s key roles is to provide its members with technical support. However, from time to time, technical or other issues
arise where guidance for lessees as well as their property manager is deemed appropriate. Such guidance is contained in these Lessee
Advisory Notes (LANs) which ARMA members can copy and distribute to their clients and lessees as appropriate.
suMMArY
• Unless you are dealing with serious or violent behaviour e.g.
racial harassment, it is often better to start with practical
• The ability of private landlords of long leaseholders and
steps yourself.
their agents to deal with anti-social behaviour as landlords
• Approach the other lessee or his/her tenant causing the
is limited by the terms of leases and legal restrictions on
problem amicably. He/she may not be aware that their
the action landlords can take.
behaviour is causing you a problem.
• There is however a range of other remedies available to
• Mediation works well for noise, dogs, parking and boundary
lessees for different types of anti-social behaviour.
disputes. There may well be a local scheme available free
• Unless there are exceptional circumstances ARMA
or at low cost you can use. To find the nearest mediation service
recommends that the lessee suffering the anti-social
contact the National Mediation Helpline on 0845 6030 809 or
behaviour is better advised to take initial action him/herself.
www.nationalmediationhelpline.com. LEASE also offers a
• This advice note gives information on practical ways for
mediation service.
lessees to tackle anti-social behaviour (ASB).
whAT Lessees CAn do
whAT CAn You expeCT FroM Your
• Take action themselves by approaching their neighbours unless
LAndLord or AgenT?
there is a threat of violence.
Many lessees believe that agents have a big stick to wave at anti-social
• Suggest that the neighbour goes with the lessee to a local
behaviour in blocks of flats. This is not so. Most leases will contain
mediation service about the dispute.
covenants which say leaseholders shall not cause say nuisance and
• Approach the local authority direct to deal with noise nuisance
annoyance to neighbours. There may be more specific restrictions
or pet problems.
such as no loud music between say 11pm and 7.30am or that floors
• Approach the local authority or police for assistance with
should be carpeted.
anti-social behaviour in the local area and common parts.
These clauses are all well and good but in practice difficult to
• Ask the local Citizens Advice for specialist advice.
enforce for several reasons. The meaning of the covenant should be
• As a last resort consider his/her own legal action against
clear before considering enforcement. Any benefit of doubt over the
the ones causing the anti-social behaviour.
meaning will always be given to the lessee.
whAT The LoCAL AuThoriTY CAn do
The lease may not contain a clause that requires the landlord to
enforce the covenants; if it does not there is no obligation on the All local authorities must have anti-social behaviour policies and
landlord to take any action. Even if the lease does contain a clause procedures which you can ask about and seek advice.
requiring the landlord to enforce the covenants against other lessees, • In most areas there are Crime and Disorder Reduction
a mutual enforceability covenant, there is usually a catch; the catch is Partnerships which include the police and local authority.
that the complainant leaseholder suffering the noise will have to pay Find out if they can help.
the landlord’s costs of enforcing the covenant. • In many areas there are ASB co-ordinators. Ask for their help.
So how does the landlord enforce a covenant against anti-social • Apply to the court for an ASBO to stop behaviour on behalf of
behaviour? any tenant, lessee or owner occupier.
First of all the agent would want to check that there was a genuine • Use environmental health powers to tackle noise and other
problem. If yes then a reminder letter to the offending lessee may nuisances.
work. If it does not, then the legal remedies open to the landlord are • Tackle harassment or intimidation because of race or disability
an injunction or forfeiture. or religion.
Forfeiture (a procedure to seize the flat from the lessee) is not an easy route • Many local authorities now have ‘Envirocrime’ units that are
for landlords requiring a tribunal and then, if successful, a court appearance. partnerships with the police to deal specifically with litter and
It will be extremely costly; and will not produce quick results. However, the street cleaning, graffiti, fly tipping, dog fouling, fly posting
threat of forfeiture may well produce a response to some problems. and abandoned cars.
Injunctions may be a quicker remedy but will be very costly.
For all the above reasons the more practical route for a managing
whAT The poLiCe CAn do
agent faced with distressed lessees complaining about anti-social
Take action for any ASB which is a criminal offence including:
behaviour from neighbours is to offer advice on how they can take
• Someone who has attacked another person.
better and cheaper action themselves as set out below.
• Someone who has wilfully damaged another’s property.
Finally remember that your agent is just that, an agent. The agent
• Harassment or intimidation.
must take instructions from the client landlord or resident management
• Inciting racial hatred.
company or right to manage company before taking any action.
• Close down properties being used by drug dealers.
prACTiCAL FirsT sTeps
And the police can also apply to the courts for an ASBO at their
discretion.
The majority of anti-social behaviour complaints in blocks of flats And if there is ASB in or near a scheme ask the police for help and
arise from noise, from DIY, music at the wrong times of day or night or advice. Local community support officers will assist and patrol more
dogs. Many arise from sub-tenants. often or speak to residents about incidents.
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