Managing and mitigating anti-social behaviour: a guide for social housing landlord

As a social housing landlord, you have to navigate a complex set of laws and regulations to manage and mitigate anti-social behaviour (ASB).  

The primary legislative framework includes the Anti-social Behaviour, Crime and Policing Act 2014, which provides tools and powers to address ASB.  

This Act enables the use of civil injunctions, criminal behaviour orders, community protection notices, and possession proceedings.  

However, during all of this you have to adhere to the Housing Act 1988 and 1996, which outline grounds for possession and tenant responsibilities. 

Compliance strategies 

To stay compliant, you should: 

• Develop clear policies and procedures: establish comprehensive ASB policies that align with current legislation. These policies should detail the process for reporting ASB, investigation procedures, and actions that will be taken. 

• Training and awareness: ensure that staff are well-trained in recognising and dealing with ASB. Regular training sessions should cover the legal framework, reporting mechanisms, and support services available to tenants. 

• Record-keeping: maintain detailed records of all ASB incidents, actions taken, and communications with tenants. Accurate documentation is crucial for legal proceedings and demonstrating compliance with regulatory requirements. 

• Regular reviews and audits: periodically review ASB policies and procedures to ensure they remain effective and compliant with any legislative changes. Conduct internal audits to assess the efficacy of ASB management practices. 

Your solicitor can help you with all of these strategies, ensuring that if ASB ever becomes as problem you have reliable fallbacks to prove you made all reasonable efforts to prevent it. 

Essentially, this is your way of protecting yourself, your team and your business from repercussions caused by ASB getting out of hand.  

Strategies for dealing with anti-social behaviour 

Effectively managing ASB involves a multi-faceted approach and, as a landlord, you need to take proactive action as soon as it is reported to you. 

Addressing ASB issues quickly helps to prevent escalation.  

This might involve informal warnings, mediation, and engaging support services for tenants exhibiting problematic behaviour. 

You also need to consider: 

• Partnership working: collaborate with local authorities, police, and support agencies. Multi-agency partnerships can enhance information sharing and provide a more comprehensive approach to tackling ASB. 

• Support for victims and perpetrators: offer support to both victims and perpetrators of ASB. Victims should have access to support services and protection measures, while perpetrators may benefit from intervention programmes aimed at modifying behaviour. 

• Enforcement actions: use legal tools such as injunctions, possession proceedings, and community protection notices where necessary. Ensure that enforcement actions are proportionate and based on solid evidence. 

In addition, you should aim to foster a positive community environment through engagement activities.  

Regular community meetings, events, and communication can help build trust and reduce the chances of ASB. 

Again, prevention is often a more effective strategy than reacting to the issue once it has already developed. 

The importance of a solicitor 

Engaging a solicitor who specialises in social housing and ASB is crucial for several reasons.  

First and foremost, your solicitor provides expert guidance on the legal framework and helps ensure that all your actions comply with current legislation.  

Their deep understanding of the legal landscape surrounding ASB can help you, as a landlord, navigate difficult situations and avoid potential legal pitfalls. 

Solicitors are also invaluable in drafting and reviewing documents.  

We can create and assess ASB policies, tenancy agreements, and legal notices to ensure these documents are robust and legally sound.  

This not only helps you in maintaining compliance but also strengthens your position in any potential disputes or legal actions. 

If ASB cases do progress to court, having a solicitor help you prepare for the case is absolutely essential.  

We can present a strong argument based on thorough evidence and legal knowledge, greatly increasing your chances of a favourable outcome.  

On top of that, we also play a key role in risk management and assist in identifying and mitigating legal risks associated with ASB, thereby protecting your interests and reducing potential liabilities.  

If you’d like to speak with a solicitor about this issue, please get in touch with our Social Housing Team!