Letting agents and property managers frequently lose their HMO licenses for failing to manage tenants’ antisocial behaviour (ASB). As a condition of the license, you are responsible for managing any potential ASB from tenants.
If ASB continues in or around your property, there can be even more serious consequences. Not only do letting agents suffer reputational damage and the loss of their licences, but they are also left vulnerable to banning orders. A banning order restricts your ability to rent out properties for a minimum of 12 months with no statutory upper limit, meaning ASB could impact your business indefinitely.
Be it excessive noise, late-night parties or misplaced rubbish, recurring nuisance can seriously interrupt the daily lives of nearby residents. Neighbours affected by such disturbances will likely lodge an ASB complaint to the local authority if the behaviour continues.
Following a complaint, the council will look to you for resolution, as you are ultimately accountable for your licensed properties. You must demonstrate that you take these complaints seriously and have a robust policy in dealing with ASB. Some councils may even demand that you adopt their standard policy.
It’s important that you do everything possible to prevent, mediate and stop ASB in your licensed properties. Here are seven top tips for getting started:
These are just examples of how you could deal with ASB. If you're facing an issue with your rental property, please consult the local authority and qualified professionals so they can provide you with tailored recommendations.
If, after warnings and complaints, the tenant continues to display antisocial behaviour, you should consider serving a section 8 notice and evict the tenant. Always record all your communication with the tenant. A paper trail is especially important when serving section 8 notices. When relying on ASB as a ground for serving section 8, you must meet the minimum notice of possession period.
If ASB is left unresolved, your 'fit-and-proper' status to hold and manage HMO properties may be questioned. You could face civil lawsuits for the nuisance and harassment inflicted on others. In the most severe cases, the council could decide to apply for a banning order against you from the first-tier tribunal. If granted, you may not be able to rent out properties for a minimum of 12 months with no maximum limit.
Take ASB seriously. Download our free factsheet about section 8 today.