What is anti-social behaviour?

Anti-social behaviour is defined as either: • harassment, or • anything that reasonably causes alarm, distress or nuisance that is more than minor. This could be an act (something done) or an omission (something not done) and includes where the act is not intentional (done on purpose). Whether a tenant’s behaviour meets this definition of anti-social behaviour will depend on the individual situation. In particular, the behaviour must reasonably cause alarm, distress or nuisance that is more than minor. “More than minor” is intended to exclude situations that cause a passing inconvenience.

What can landlords do if tenants are displaying anti-social behaviour?

There are a range of options for landlords if tenants are displaying anti-social behaviour. The approach will depend on the seriousness of the behaviour, and whether the behaviour can be remedied (i.e. fixed). The Residential Tenancies Act 1986 already enables a landlord to apply to the Tribunal to end a tenancy where the tenant:

• has assaulted or threatened to assault the landlord or their family, the owner or their family, neighbours, or other occupants of the building; or

• has caused, or permitted another person to cause, or has threated to cause, substantial damage to the premises.

Such an incident only needs to occur once before a landlord can apply to the Tribunal to terminate the tenancy. These provisions are retained by the Bill and landlords will still be able to use them.

The Bill also retains provisions which enable the landlord to apply to the Tribunal where the tenant fails to remedy a breach of their tenancy agreement or of the Residential Tenancies Act 1986 (RTA). This could include failing to meet their obligation under the RTA to not interfere with the peace, comfort, or privacy of the landlord’s other tenants or the neighbours.

The Bill also introduces new provisions to deal with repeated anti-social behaviour that doesn’t meet the threshold of the behaviour described above. Where a tenant on a periodic tenancy has acted in a way that has caused harassment, alarm or distress, a landlord will be able to issue the tenant with a notice. If a landlord has issued a tenant three notices for separate anti-social acts in any 90-day period, they may apply to the Tenancy Tribunal for termination within 28 days of the last notice being issued.

There are specific requirements for the notice, which must clearly describe the behaviour, who engaged in the behaviour (if known to the landlord), the date, approximate time and location of the behaviour, how many other notices have been given within the 90-day period and advising the tenant they can challenge the notice in the Tribunal. If the Tribunal considers that the notices were issued reasonably and fairly, it must make an order terminating the tenancy.

What can tenants do if their landlord has issued them with a notice for anti-social behaviour but they don’t agree with it?

A tenant can choose to challenge the notice in the Tenancy Tribunal. The landlord will have to prove that the anti-social behaviour occurred and that the notice was issued fairly and reasonably. However, tenants don’t have to challenge each notice. The landlord can only apply to the Tenancy Tribunal to terminate the tenancy once they have given the tenant three anti-social notices, for three separate instances of anti-social behaviour, within 90 days. If the tenant doesn’t challenge any of the notices, the landlord will still have to prove that the anti-social behaviour occurred and all three of the notices were issued fairly and reasonably if they apply to terminate the tenancy.