How to use a tenancy agreement to prevent anti-social behaviour

One of the most challenging parts about being a landlord is having to deal with anti-social behaviour during a tenancy agreement. From late-night parties and loud noise, to harassment and property damage,  your peace of mind can easily be disrupted, leaving you with unhappy neighbours and your investment property being jeopardised. 

You try as much as possible to ensure your screening process is robust, and whilst you can’t predict every problem that may come your way, a well-drafted tenancy agreement will be the best preventative measure in proactively deterring anti-social behaviour from the outset. 

Having a detailed tenancy agreement will help you set clear expectations, outline acceptable tenant conduct and provide the legal framework for you to be able to take legal action should you feel the need to. 

Here, we’ll discuss how you can use a tenancy agreement to prevent anti-social behaviour as a landlord. 

Essential clauses to include in your tenancy agreement to prevent anti-social behaviour

Your tenancy agreement should cover every aspect of a landlord-tenant relationship and the rental process. Here’s what to include: 

 1.  General conduct clause 

This will be your overarching statement, detailing your expectations for how they should treat neighbours, the neighbourhood, or the area directly surrounding your property. For example, you could include: “The Tenant will not, nor allow any visitor to, cause any nuisance, annoyance, disturbance, or damage to the Landlord, other tenants, or any neighbours or members of the public within the vicinity of the Property.”

2.  Noise restrictions

Noise is probably one of the most common complaints a landlord will receive, so it’s important to be specific with this clause. 

For example, you could add in: “The Tenant will ensure that no excessive noise, including loud music, shouting, or use of power tools, is made between the hours of 11:00 PM and 7:00 AM.”

3. Visitor limits and conduct

You may not always be able to control who visits your property, but you are within your rights to hold your tenants accountable for the actions of their guests. 

For example, you could include the following: 

“You, as the tenant, are responsible for the conduct of all visitors to the property and must ensure that their behaviour does not cause a breach of any term of this agreement, particularly concerning nuisance or damage. You, as the tenant, must not sublet the property or permit any person other than those named in this agreement to reside at the property.”

4. Property use and illegal activities 

Again, you cannot always control the actions of your tenants, but it is crucial to include clauses that address the correct use of your property, so that, should an issue arise, you have ensured that all angles are covered. 

Include a clause around the use of the property, for example: 

“The tenant shall only use the property as a private dwelling and for no other purpose whatsoever. The tenant will not permit any illegal or immoral act to take place at the property, nor store any dangerous, inflammable, or unlawful substances at the property.”

5.  Waste management

There are specific laws around waste management at rental properties, and so it is recommended that you include a clause around waste management in your tenancy agreement, too. 

Example: “The tenant shall dispose of all waste in the receptacles provided by the local authority and shall ensure that bins are put out for collection on the designated days and brought in promptly thereafter, in accordance with local authority guidelines.”

6.  Pet clauses

If you’re looking to allow pets at your rental property, be sure to include a clause related to this, such as: 

“No pets are permitted at the property without the prior written consent of the Landlord. If consent is granted, the tenant is responsible for ensuring the pet does not cause a nuisance or damage and that all pet waste is promptly and hygienically disposed of. Any barking or noise from the pet that causes a nuisance to neighbours will be considered a breach of this agreement.”

If, however, you decide not to allow pets at your property, you could add in a clause that simply states: “No animals, birds, or reptiles of any kind are permitted at the property.”

7.  Garden/outdoor area use 

If your property has a garden or an outside area, it is also wise to include a clause around tenants having the responsibility of maintaining this area. For example: 

“The tenant is responsible for maintaining any private garden areas in a tidy condition. No excessive noise or nuisance should be caused in outdoor areas, particularly during quiet hours. Barbecues must be used safely and responsibly, considering neighbours.”

8.  Consequences of breach

Next, you’ll need to state what happens next if any of these clauses are violated. This can include: 

“Any breach of the clauses related to nuisance, annoyance, or illegal activity may result in the Landlord issuing a formal warning and, if the breach continues or is repeated, may lead to the commencement of possession proceedings under Section 8 of the Housing Act 1988.”

Enforcing the tenancy agreement legally to prevent anti social behaviour 

A well-drafted agreement is only effective if you’re prepared to enforce it. Here’s how: 

• Documentation: We always say this because it is so crucial in any leasing agreement. Keep accurate records of all documentation. 
• Initial communication: You should begin the process by opening up a conversation with your tenant, referencing any specific clauses they have breached. 
• Mediation: If the issue is less severe, consider offering your tenant a mediation where an objective third party can help resolve the dispute before legal action is required. 
• Section 8 notice (grounds for possession): You may have grounds to seek possession under Section 8 of the Housing Act 1988 if the behaviour continues. 
• Ground 12: If there has been any breach of a tenancy obligation (e.g., specific clauses on noise or conduct).
• Ground 14: Nuisance or annoyance to neighbours, or using the premises for illegal purposes. 
• Ground 15: Damage to the property.
• Court proceedings: if, after a valid section 8 notice has been served, the tenant still fails to rectify the issue, you will need to apply to the County Court for a possession order. 

There may be a time when the behaviour is so severe that even using your tenancy agreement to prevent anti-social behaviour does not work. Now, you will need to reach out to external bodies to support you in the process, for example, the police or the local authority. 

While the tenancy agreement is crucial, remember that thorough tenant referencing is your very first line of defence. Comprehensive tenant screening will help you identify any issues before they become your problem. 

Also, ensure that you conduct regular property inspections once a tenancy begins so that you’re able to pick up any issues early on. By maintaining open lines of communication, you’ll also be able to foster a good relationship with your tenant, which will make it easier to address any minor issues before they escalate. 

When in doubt, always seek professional legal advice to ensure your agreements are watertight and your actions are compliant with current housing law.

For more information on how to protect your property as a landlord, be sure to visit our resource centre.  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!