When issues crop up between tenants and their neighbours, landlords often have to step in to resolve the situation. Ongoing complaints, like excessive noise or antisocial behaviour, can sometimes escalate to eviction if they’re not addressed. But how many complaints does it take for a landlord to take legal action? In this guide, we’ll break down what counts as antisocial behaviour, how the eviction process works, and what it takes for complaints to lead to eviction.
What is antisocial behaviour from a tenant?
Antisocial behaviour (ASB) covers actions that negatively affect others in the community. For tenants, this could involve conduct that disrupts the peaceful enjoyment of a property for neighbours or other tenants. Common examples of ASB include:
Excessive noise: Persistent loud music, shouting, or late-night gatherings.
Damage to property: Vandalism or destruction of shared or neighbouring property.
Threatening behaviour: Verbal abuse, harassment, or physical intimidation.
Illegal activities: Drug dealing or other unlawful conduct on the property.
These behaviours can all lead to complaints from neighbours, other tenants, or even the local council.
Can you be evicted for antisocial behaviour?
Yes, tenants can be evicted for antisocial behaviour if their actions violate the terms of their tenancy agreement. Most tenancy agreements include clauses that require tenants to behave in a manner that does not disturb others or cause harm. In cases of severe or repeated antisocial behaviour, landlords can pursue legal action to regain possession of the property.
How many complaints can warrant an eviction?
There is no fixed number of complaints that automatically trigger an eviction. Instead, landlords must demonstrate that the tenant’s behaviour has caused significant problems and is in breach of the tenancy agreement. Factors that might influence the landlord’s decision to begin eviction proceedings include:
Severity of the complaints: One serious incident, such as violence or major property damage, may be enough to start eviction proceedings.
Frequency: Repeated complaints over weeks or months are harder to ignore.
Evidence: Landlords will need proof of complaints, such as written records, police reports, or witness statements.
Can you be evicted for noise complaints?
Noise complaints are one of the most common reasons for tenant disputes. Excessive or unreasonable noise can disturb neighbours and disrupt the community, prompting landlords to take action if the issue persists.
What are acceptable noise levels?
Acceptable noise levels vary depending on local council regulations and the type of property. In general, noise is considered unacceptable if:
It occurs late at night or during early morning hours
It exceeds a reasonable decibel level, particularly in residential areas
It is consistent and prevents others from enjoying their home peacefully
Councils may investigate noise complaints and issue warnings or noise abatement notices if necessary.
How many complaints can warrant an eviction?
As with antisocial behaviour, there’s no specific number of noise complaints that guarantees eviction. Landlords must assess things like:
The nature of the noise: Is it a one-time party or constant loud music?
Steps taken by the tenant: Did the tenant ignore warnings or fail to reduce noise after being asked?
Impact on others: Has the noise significantly affected neighbours' quality of life?
If complaints persist and landlords have enough evidence, they can initiate the eviction process.
Eviction process explained
Evicting a tenant for antisocial behaviour or noise disturbances requires landlords to follow the correct legal procedure. Here's an overview:
Warning and documentation: Landlords should first address the complaints with the tenant and provide a written warning. They should also keep detailed records of complaints, including dates, descriptions, and any evidence.
Section 8 notice: If the behaviour continues, landlords can serve a Section 8 notice citing grounds for eviction, such as antisocial behaviour (Ground 7A) or breach of tenancy terms (Ground 12).
Court proceedings: If the tenant refuses to leave after the notice period, landlords must apply to the court for a possession order. This involves providing evidence of the tenant’s disruptive behaviour.
Enforcement: If the court grants a possession order and the tenant still doesn’t vacate, landlords may apply for a Warrant for Possession, allowing bailiffs to remove the tenant.
Each stage of the eviction process has strict rules and timelines, ensuring tenants have the opportunity to challenge the claims.
FAQs
Can you evict a tenant for antisocial behaviour?
Yes, landlords can evict tenants for antisocial behaviour if it breaches the tenancy agreement. A Section 8 notice is typically used for this purpose. However, landlords must provide sufficient evidence and follow legal procedures.
Can a tenant be evicted for making a complaint?
No, tenants cannot be evicted simply for making a complaint about the property or the landlord. Evicting a tenant in retaliation for reporting issues is illegal and could result in penalties for the landlord.
Final thoughts
The number of complaints required for eviction depends on the severity, frequency, and impact of the behaviour in question. Whether dealing with noise disturbances or antisocial actions, landlords must handle complaints carefully and follow the legal eviction process to ensure fairness. By addressing issues early, landlords and tenants can often resolve disputes without the need for formal eviction proceedings.
If you're looking for legal support, we're here to help. Get in touch today for a free fixed-fee quote and to see how our landlord and tenant lawyers can help.
References
Antisocial behaviour from Housing Ombudsman
AST grounds for possession from Shelter
