Antisocial behaviour notices (ASBNs)
If a private tenant, a member of their household or a visitor at their home is behaving in an antisocial way, and the landlord who is responsible for the property is not doing anything to deal with that behaviour, the local council can send the landlord an antisocial behaviour notice (ASBN) ordering them to deal with the problem. If the landlord believes they have been falsely accused of antisocial behaviour they can appeal against the ASBN.
What is an antisocial behaviour notice (ASBN)?
Although they sound similar, an antisocial behaviour notice (ASBN) is different from an antisocial behaviour order (ASBO). An ASBN applies only to private landlords whereas an ASBO applies to the person who is behaving antisocially.
Find out more about ASBOs.
The council can send a landlord of a private tenancy an ASBN if:
one of their tenants or someone else living in or visiting the tenant's home is behaving antisocially, and
the landlord has not done anything to try and stop them.
The council can send a landlord of holiday accommodation (party flat) an ASBN if:
the house or flat has been used as a holiday let more than twice,
antisocial behaviour has taken place on more than two occasions, and
the landlord has not done anything to try and stop the antisocial behaviour from occuring.
The ASBN will tell the landlord what they have to do to stop the antisocial behaviour and the landlord must do what the notice says (as long as it's reasonable) within a specific period of time.
What if the landlord ignores the notice?
If the landlord doesn't do what the notice says, the council can:
apply to the court for a rent payable order (RPO)
apply to the court for a management control order
take away the landlord's registration (if they think that the landlord is not a fit and proper person to be renting out houses), or
do something about the antisocial behaviour. If the council are taking action to tackle the antisocial behaviour because the landlord hasn't done anything, the landlord will have to pay any costs back to them.
As well as these options, it's worth remembering that the council can also take direct action against the person who is behaving antisocially (by applying for an ASBO, for example).
What if the landlord disagrees with the ASBN?
If the landlord isn't happy with the ASBN (for example, if they think they have done all they can to tackle the antisocial behaviour or that they have been falsely accused of antisocial behaviour) they can ask the council to review their decision. They will have to go through a formal appeal procedure. If the council thinks it's appropriate to do so, they may change their mind about the ASBN but they don't have to. They might decide to stick to their original decision.
My landlord's been given an ASBN - how does this affect me?
If your landlord has received an ASBN, it means someone living in your home or visiting your home has been behaving antisocially and your landlord has not done anything about it.
Remember that antisocial behaviour is a ground for eviction, so if someone in your home is causing trouble, you may risk losing your home.
Therefore, if your landlord contacts you about antisocial behaviour on your property, try to cooperate with them:
If you think the accusations of antisocial behaviour are unfair, you should let your landlord know this. For example, this may be the case if you are having a dispute with your neighbours, and they are complaining about you without good cause, to get you into trouble. Or the antisocial behaviour may be caused by a physical or mental health condition, such as Tourette's syndrome, and not be your fault (our page on eviction if you're a disabled person has more information on this).
If someone else is causing the problem (for example, your children) you should try talking to them and getting them to stop. If the troublemaker is a visitor, you could ask them to stop coming round.
If you are being accused of antisocial behaviour (for example, of making too much noise at night), do something about it. Turn down the stereo, clear up the rubbish in your front garden, don't let your dog run about in the street: it's not worth losing your home.
The page on avoiding complaints has more advice on this.
Last updated: 27 September 2017
Housing laws differ between Scotland and England.
This content applies to Scotland only.