Industry body calls for more support to tackle anti-social behaviour in PRS

A leading industry body is demanding that the Scottish government offer more support to landlords dealing with anti-social behaviour.

Propertymark points out that the rise in anti-social behaviour (ASB) is linked to the ongoing shortage of social housing, which is pushing more vulnerable people with complex needs into the private rented sector (PRS).

Propertymark’s policy and campaigns team has met with an independent working group on ASB, set up by the Scottish Minister for Victims and Community Safety, and aims to deliver a report to the Scottish government by the end of the year.

PRS does not have access to training to deal with ASB

Propertymark members report that landlords and letting agents are having to deal with noise complaints, property neglect, and vandalism but often don’t have enough guidance to handle these problems effectively.

The spokesperson said: “Unlike the social sector, the PRS does not have access to specific resources or training to deal with ASB, so support from local authorities and the police is paramount.

“Landlords and agents say that greater data sharing about tenants who commit ASB would help them in their roles. Engagement of this type has dropped off in many areas of the country since the COVID-19 pandemic, leaving property professionals unable to get in touch with key contacts for information and assistance.”

The industry body adds mediation services are key in tackling ASB: “One example of best practice highlighted by our members is the mediation service from Highland Council.

“Mediation services are very important to ensure that relations between landlords and tenants do not break down and ensure tenancies are maintained.”

ASB is difficult to evidence

The industry body highlights that successful cases involving ASB as grounds for possession are rare.

Propertymark says they have heard anecdotal evidence that solicitors routinely advise landlords or agents seeking support in such cases to consider alternative grounds.

The industry says it can take several months before a case is heard at First Tier Tribunal and often the tenant may change their behaviour.

A Propertymark spokesperson said: “ASB is difficult to evidence and gathering that evidence can be a daunting and unpleasant process for landlords, agents, or neighbours.

“Once a case does make it to court, the First Tier Tribunal system is very slow. Cases can take several months to be heard, during which time tenants often temporarily improve their behaviour. As a result, judges may dismiss the issue, only for the ASB to resume after the hearing.”

The spokesperson adds the current court system is inadequate when it comes to dealing with ASB.

The spokesperson said: “Judges frequently accept promises of better behaviour at face value, with no mechanism in place to ensure the tenant follows through.

“For example, if substance abuse is at the root of the problem, there is no requirement for the perpetrator to provide evidence that they have stopped misusing drugs or alcohol.”

Propertymark says they will continue to engage with Scottish Ministers on ASB and hope to produce a report by the end of the year.

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