Antisocial behaviour in social housing — why nothing will change without court reform

A recent Westminster Hall debate between MPs saw the majority agree that tenants’ antisocial behaviour must be stopped — though views differ on the best approach to dealing with the issue. One major stumbling block is the length of time it takes for court proceedings to enable landlords to take action against tenants involved in the most serious types of antisocial behaviour. 

Here, Emily Shaw and Jo Morton explain the main perspectives of MPs and the options available for landlords to bring court proceedings. They also highlight why — without court reform — the new Renter’s Rights Bill won’t help to resolve this issue…

MPs’ perspectives on tackling antisocial behaviour

During the debate, one Reform UK MP stated that antisocial behaviour was happening in every constituency throughout the country and called for a ‘three strikes and you’re out’ policy. However, a Labour MP labelled this stance “too liberal and lenient” and demanded a zero-tolerance policy, making the point that asking victims of antisocial behaviour to spend years collecting and providing evidence of three breaches was too much to ask for. It was acknowledged that victims of antisocial behaviour in social housing must bear the burden of proof by taking their own recordings and notes and then submitting them — putting their mental wellbeing and personal security at risk.

Housing Minister Alex Norris stated that the Government is tackling antisocial behaviour by putting more neighbourhood Police Officers into local communities. The Liberal Democrat’s Housing Spokesperson added that the best deterrent would be to increase funding for Police forces and councils to tackle the problem using the powers they already have.

Renters’ Right Bill & Mandatory possession Ground 7A

The Renters’ Rights Bill — which returned to Parliament for a third reading on 14 January 2025 — is set to make considerable changes to housing law. 

It was acknowledged during the debate that the Bill could bring about new powers for social housing landlords to seek evictions immediately in the most serious antisocial behaviour cases. 

Alex Norris stated:

“Through the Renters Rights’ Bill, we will enable Housing Association Landlords to make a claim to a Court for repossession immediately in the most serious cases, rather than having to provide a notice period, with all the harm that can happen in those cases.”

Mandatory possession Ground 7A is used in the most serious cases of antisocial behaviour where there has been a conviction for a serious offence or a tenant has breached a relevant Order put in place to prevent antisocial behaviour. 

Under the current law, the notice period for commencing Court proceedings using Ground 7A is one month if the tenancy is fixed term and four weeks if the tenancy is periodic. The Renters’ Rights Bill will see this change to no notice, so landlords will be able to begin proceedings immediately. 

Discretionary Grounds 12 & 14

Alex Norris further stated:

“We will also amend the matters that judges must consider when deciding whether to award possession under the discretionary ground. This is very important — to give judges particular regard to whether tenants have engaged with efforts to resolve their behaviour and the impact on other tenants. Often, as we know from our casework, they simply do not answer letters or let the housing patch manager in. That will be a factor in the future, which is very welcome.”

Discretionary Ground 12 and Ground 14 are commonly relied on together, sometimes alongside Ground 7A. Ground 12 is used where a tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). Ground 14 is used where a tenant or anyone living in or visiting the property has been guilty of behaviour that’s causing (or is likely to cause) nuisance or annoyance to the landlord, a person employed in connection with the exercise of the landlord’s housing management functions or anyone living in, visiting or engaging in lawful activity in the locality of the property. It’s also used if the tenant or a person living at or visiting the property has been convicted of using the premises or allowing it to be used for illegal/immoral purposes or has been convicted of an indictable offence in the property or locality.

The case for court reform

While the Government has stated that landlords will be able to “make a claim to a Court for repossession immediately in the most serious cases” with the Renters’ Rights legislation, it still remains to be seen whether the cases — once submitted to Court — will be dealt with any quicker. 

Landlords can already issue proceedings for possession in cases of antisocial behaviour immediately (relying on Ground 14). However, once the claims are issued, they often take months to conclude if they’re defended, even in the most serious cases. Without Court reform, there’s nothing about the new proposed legislation or any other proposals that suggest any change to this.

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