Landlords to be given more powers to evict anti-social tenants

The government has revealed new plans to make it easier for landlords to evict anti-social tenants.

Read on to find out how and when eviction rules could be changing, plus how landlords are affected by anti-social tenants.

Notice period for evicting anti-social tenants cut to two weeks

As part of its Anti-Social Behaviour Action Plan, backed by £160 million of funding, the government has outlined proposals to crack down on anti-social tenants.

Here’s an overview of the plans to make it easier and faster for landlords to evict anti-social renters:

• all tenancy agreements will include a clause banning anti-social behaviour. This aims to make it easier for landlords to evict anti-social tenants for breaching their contract
• the notice period for evicting tenants who breach their tenancy agreement due to anti-social behaviour will be halved from four to two weeks (allowing landlords to take immediate action, rather than waiting for the end of a fixed term or giving two months’ notice when relying on Section 21)
• expanding eviction grounds for anti-social behaviour to include behaviour that’s ‘capable of causing nuisance or annoyance’ (currently, landlords must prove that anti-social behaviour has already caused nuisance or annoyance)
• working with the Courts and Tribunals Service to prioritise anti-social behaviour cases, with the aim of speeding up the evictions process
• introducing new measures for judges to consider the impact of tenants’ behaviour on landlords, neighbours, and housemates when making their decision, as well as whether the tenant has engaged with other attempts to manage their behaviour
• increasing landlords’ awareness of existing tools to help them evict anti-social tenants, such as Criminal Behaviour Orders and injunctions

The government says that the plans will be introduced as part of long-awaited rental reforms, which were outlined in a white paper last year and include measures to ban Section 21 evictions.

This means they’ll be launched alongside a new ombudsman for the rental sector to increase mediation when tenants commit low-level anti-social behaviour.

How are landlords affected by anti-social behaviour?

One in three landlords who ended a tenancy did so because the tenant engaged in anti-social behaviour, according to the English Private Landlord Survey 2021.

Anti-social behaviour could be general nuisance, noise-related, criminal damage, or abuse.

Although neighbours can often resolve disputes over issues such as noisy parties or excess waste, this isn’t always possible.

The government says that with its new rules, landlords will be able to ‘act against persistently problematic tenants and relieve innocent parties living nearby’.

When could new eviction rules be introduced?

As yet, no dates have been given on when the eviction rules will change. However, the Action Plan suggests they’ll be introduced as part of wider rental reforms.

The Fairer Private Rented Sector white paper was published in June 2022, but none of the measures have been given clear dates or timelines.

This spring the government said that the Renters’ Reform Bill would be brought forward at the end of the current parliamentary session, which is due to end in May. So if this were to happen, MPs would need to debate and vote on the proposals very soon.

Meanwhile, the government recently submitted a tender request to find a supplier to manage the ombudsman scheme for the rental sector. This could indicate that things are starting to move more quickly.

And with a general election slated for 2024, the government is likely to want to push these measures through as quickly as possible. Keep an eye on our Knowledge centre for regular updates on rental reforms and how they could affect you.

Will these new eviction powers help to reduce the problem of anti-social behaviour in rental properties? Let us know in the comments below.

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