Are landlords responsible for tenants’ behaviour?

As a landlord, you manage your property as a whole, ensuring it is maintained, safe to live in, and that rent is collected on time. But are landlords responsible for tenants’ behaviour? When the issue is a disruptive tenant over a broken light switch or a leaky tap, you’ll need to tap into your people-managing skills. Landlords are, in fact, responsible for their tenants. 

What do we mean by tenant behaviour? 

So, as a landlord, you are responsible for your tenants’ behaviour and have a duty of care to the neighbours of your property to ensure that your tenants are respectful and cooperative. That is why it is so important to conduct your tenant screening effectively. 

Let’s take a look at what is meant by ‘tenant behaviour’. 

• Minor disturbances: this can include occasional loud music, talking loudly late at night or minor parking inconveniences. 
• Anti-social behaviour: This type of behaviour is more persistent and can involve continuous noise, excessive littering, neighbour harassment and minor property damage. Anti-social behaviour will negatively impact the quality of life of neighbours. So, as a landlord, you are even responsible for tenants’ fights. 
• Illegal activities: This is the most severe type of negative behaviour a tenant can display and includes drug dealing, violence, vandalism or any other criminal acts conducted at your property. 

It is crucial to understand, however, that whilst you hold some level of responsibility for the behaviour of your tenants, they are ultimately responsible for their own behaviour. 

You won’t be able to physically control the decisions your tenants make within the privacy of their own home. 

The thing that you do have control over is that you provide a safe and secure environment for all residents and neighbours. This means your property should not be a source of persistent nuisance or harm to others, and if your tenant’s behaviour creates such an environment, then you need to take reasonable steps to resolve the issues. 

Let’s take a look at some of the legal frameworks that you can refer to as a landlord when dealing with tenants displaying unpleasant behaviour. 

Legal frameworks and tenancy agreement clauses

It is your responsibility to take reasonable action to address legitimate complaints about anti-social behaviour associated with your property. There are frameworks that govern your responsibility as a landlord, for example, 

• Tenancy agreement clauses: most tenancy agreements will include certain clauses preventing tenants from engaging in criminal activity, causing a nuisance or disturbing neighbours and other tenants. So, if tenants are in breach of any of these clauses, you are within your rights to take legal action. 
• The Landlord and Tenant Act 1985 (Section 11): Although the act is primarily about repairs and maintenance, it refers to the landlord having the responsibility of ensuring the property is habitable and safe to live in. This can easily be disrupted by anti-social behaviour. 
• Anti-social Behaviour, Crime and Policing Act 2014: This can be used by landlords in conjunction with the authorities and police. 
• Common law nuisance: Neighbours are within their rights to pursue legal action against your tenant, and even you as the landlord, in extreme cases. 

So, in many ways, you, as the landlord, are responsible for your tenants and the impact they have on the neighbourhood. 

Addressing problematic behaviour

Naturally, there are measures that can be put in place if you are struggling with your tenants behaving negatively. When tenant behaviour crosses the line, proactive management is key. Let’s take a look at a few ways you can manage this. 

Start with a strong tenancy agreement

The first, and probably most important thing, is to implement a robust and extremely thorough tenancy agreement. This is going to be your best line of defence, so make sure that you think of everything when writing it up. 

Clearly state the rules relating to noise, property use, any shared spaces, waste disposal and respectful conduct and behaviour towards neighbours and the community. Be sure to highlight that any anti-social behaviour will be seen as a breach of the tenancy agreement. 

Thorough tenant screening

You need to ensure that your screening process is a thorough as possible, too. While any tenant screening process may not be 100% foolproof, there are a few things that are non-negotiables that will help prevent as much anti-social behaviour as possible. 

For example, set a high standard for referencing, credit checks and previous landlord references from the beginning. 

Document everything 

Be sure to keep detailed records of any complaint you receive or any problematic behaviour you may observe. Note the dates, times, any specific incidents, names of the affected parties and if there were any witnesses involved. 

The reason for needing to be so thorough with your documentation is so that if the issue needs to be escalated for legal action to be taken, it will be used as evidence. 

Communicate effectively (and formally) with tenants

As a landlord, you are not only responsible for your tenants’ behaviour, but also for keeping communication open and transparent with them. 

• Initial informal contact: Informal communication, such as a phone call, may be necessary for any minor issues. 
• Formal written warning: If, however, the issue persists, you may need to send a formal letter to your tenants outlining the breaches of the tenancy agreement and referring to any specific incidents and clauses. You’ll need to explain the consequences should their behaviour continue past that. 
• Follow-up: Keep records of all communications and follow up with your tenants.

Work with local authorities

If a neighbour or member of the community approaches you with information that your tenants have been involved in illegal activity, you should advise them to report this to the police. You can also, as the landlord, report the information to the police. 

If your tenants are involved in anti-social behaviour, you have the ability to contact your local council as they will have a dedicated team that can offer advice on dealing with anti-social behaviour or that can mediate should this be necessary. By collaborating with external teams, your case will automatically be strengthened. 

Seek legal advice 

If, however, your tenants ignore your warnings and they persist with engaging in anti-social behaviour, you may need to consider legal action, such as serving a Section 8 Notice. Be sure to seek legal advice before implementing this yourself, as the process can be complicated and daunting. 

Mitigating risks and protecting the community

Whilst landlords are responsible for their tenants, they simply cannot control every part of their tenants’ conduct. What landlords do have control over, however, is proactive and preventative management with clearly defined responsibilities for both parties in the tenancy agreement. 

This way, you’ll ensure that you are implementing everything in your power to protect your property and the neighbourhood. Having clear processes in place and acting promptly when issues arise will demonstrate your commitment to a safe and peaceful environment for all parties. 

Make sure that you take care of your property by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to be a successful landlord.