Can I evict a tenant for anti-social behaviour?

Yes, but only by following the correct legal process. Anti-social behaviour is a common reason for landlords to seek possession of a property, but the threshold for eviction is high and the process must be approached with care. You must obtain a court order and provide robust evidence that the tenant, or anyone associated with them, is engaging in behaviour that meets the legal definition of anti-social conduct. This could include persistent disruption, threats, harassment, or damage to property, all of which will be discussed in detail later in this guide.

The law is clear: landlords must act proportionately and within the bounds of the Housing Act 1988 and other relevant legislation. Eviction can only proceed once the required notice has been served and the court has granted possession. Any attempt to bypass the legal route, such as changing the locks without a court order or pressuring the tenant to leave, is a serious offence and can amount to unlawful eviction. This is a criminal offence and may lead to prosecution, a criminal record, and penalties including a fine or imprisonment.

Understanding what defines anti-social behaviour

Anti-social behaviour refers to conduct that causes, or is likely to cause, harassment, alarm or distress to others. For landlords, recognising this distinction is necessary when deciding whether enforcement action under the tenancy agreement is appropriate. The following are common examples of conduct that may amount to anti-social behaviour:

• Noisy and/or intimidatory behaviour: this abusive behaviour may include shouting, swearing, arguing at unsociable hours, or deliberately playing loud music to disturb others on a regular basis.
• Vandalism: any deliberate property damage, whether that be within the rented premises, communal areas, or neighbouring properties.
• Graffiti: unauthorised marking or defacing of walls, fences, or other surfaces, either within the rented premises or in public spaces connected to the tenancy.
• Intimidation: behaviour that causes another person to feel threatened or unsafe, including verbal threats, aggressive gestures, or persistent unwanted attention.
• Public drunkenness: being visibly intoxicated in communal or public areas in a way that causes disturbance or offence to others, particularly when repeated.
• Littering: regularly discarding rubbish in shared or public spaces, contributing to unhygienic or unpleasant living conditions for others.
• Fly tipping: the illegal disposal of large items or household waste in areas such as alleyways, communal bins, or open land, especially where this causes obstruction or health risks.
• Private or public spaces drug use: the use, possession, or supply of illegal substances within the property or in communal areas, which may also bring unwanted attention or criminal activity.
• Excessively barking dogs: continuous or persistent dog barking that disrupts neighbours, particularly during the night or early morning hours.

These behaviours, if evidenced appropriately, may breach tenancy obligations and warrant formal intervention or legal proceedings.

Nuisance behaviour that isn't classed as anti-social behaviour

It is equally important to distinguish non-criminal behaviour that may be inconvenient or irritating but would not usually be classed as anti-social under housing law. The following are examples of such conduct:

• One-off parties or barbecues: occasional social events, even if noisy, are not considered anti-social behaviour unless they become frequent or are associated with more serious conduct.
• Infrequent or occasional noise: normal household noise, such as footsteps, doors closing, or conversation may cause disturbance but is unlikely to justify enforcement action.
• Children playing: outdoor or indoor play by children is considered normal residential activity and does not meet the threshold for anti-social behaviour.
• Occasional dog barking: intermittent barking, such as when someone is at the door or during play, is typically not considered unreasonable.
• Domestic appliance noise: sounds from vacuum cleaners, washing machines, or other household equipment used during reasonable hours are part of everyday living.
• Minor vehicle repairs: residents working on their own vehicles occasionally, without causing obstruction or excessive noise, would not be regarded as acting anti-socially.
• Gossip: personal disagreements or rumours between neighbours, unless involving harassment or defamation, are not matters for tenancy enforcement.
• Escalated disputes: disagreements between tenants or neighbours that become heated, but do not involve threats, harassment or criminal conduct, do not meet the standard for anti-social behaviour proceedings.

While anti-social behaviour such as this may be frustrating, it does not meet the legal threshold for eviction. You cannot lawfully seek possession on these grounds alone. However, using a mediation service such as AST Assistance may help resolve issues directly with your tenants. Mediation provides a structured environment to address concerns, agree on expectations, and improve the landlord–tenant relationship without resorting to legal proceedings.

How can I prove anti-social behaviour?

You must be able to present clear, credible evidence if you intend to take formal action against a tenant for anti-social behaviour. The burden of proof lies with the landlord, and vague or anecdotal claims will not usually meet the legal threshold. Acceptable forms of evidence include:

• Written complaints: reports from neighbours, other tenants or third parties describing the nature, timing and impact of the behaviour can be valuable, particularly where there is a pattern of repeated incidents.
• Witness statements: signed statements from individuals who have directly observed the behaviour can support a claim and help establish its seriousness. These must be factual, specific and free from speculation.
• Police reports: if the behaviour has led to police involvement, formal records or crime reference numbers may help demonstrate the extent of the problem and any criminal element.
• CCTV footage or photographic evidence: video recordings or images showing the conduct in question, such as vandalism, intimidation or fly tipping, can be persuasive if timestamped and obtained lawfully.
• Records of warnings: copies of any warning letters, emails, or verbal warnings given to the tenant should be retained to show that the tenant was made aware of the issue and given an opportunity to change their behaviour.
• Tenant’s own admission: any written or recorded admission of the behaviour by the tenant, whether in response to a complaint or during a discussion, can be a strong supporting factor.
• Proof of property damage and financial losses: invoices, repair quotes or receipts can be used to quantify the physical or financial impact of the tenant’s behaviour.
• Document all communication with the tenant: keep a full and accurate record of all correspondence, meetings or discussions related to the issue. This helps establish a timeline and demonstrates that reasonable steps were taken to address the matter informally.

Before relying on any evidence, you must also ensure that you comply with data protection rules, particularly in relation to CCTV or recording conversations. If the tenant is in rent arrears, this may also be taken into consideration by the courts so collate any documentation and communications with the tenant relating to this.

What are the stages of evicting a tenant for anti-social behaviour?

Evicting a tenant for anti-social behaviour requires a structured legal approach. You must follow each step carefully to avoid delays or procedural errors which may result in financial or legal repercussions.

• Serve an eviction notice for anti-social behaviour: start by serving a Section 8 Notice under the Housing Act 1988. State the specific grounds for eviction, such as anti-social behaviour, and include the exact date by which the tenant must leave. The notice period depends on the grounds used. You should send the notice by recorded delivery or hand-deliver it with a witness present to confirm receipt. Always keep a copy of the notice and proof of delivery, as the court may require evidence that the tenant received it. This helps protect your position if the tenant later claims they did not receive the notice.
• Apply for a court order: if the tenant remains after the notice expires, apply to the court for a possession order. A court hearing will be scheduled to review the evidence. If you rely on a mandatory ground like Ground 7A, the court must grant possession. If you use a discretionary eviction ground such as Ground 12 or Ground 14, the court will decide based on the circumstances.
• Request bailiff action: if the tenant still refuses to leave after the court grants possession, take further action and request a warrant for possession. The court will then instruct bailiffs to attend the property and carry out the eviction.

AST Assistance can guide you through the eviction process and help you understand your rights when seeking to repossess your property due to anti-social behaviour.

How AST Assistance can help with evictions for antisocial behaviour

AST Assistance specialises in supporting private sector landlords with clear, practical advice on handling difficult tenants and enforcing tenancy rights. With over 15 years of experience in the property industry, we provide expert guidance tailored to your circumstances, whether you manage a single property or a larger portfolio.

We offer step-by-step support throughout the eviction process, including help with preparing and serving notices, collecting evidence, and presenting your case in court if required. Where appropriate, we can also arrange mediation services to help resolve disputes without the need for legal action.

To speak to an expert about anti-social behaviour or any other tenancy issue, get in touch with AST Assistance on 01706 619954 or fill in our contact form.