Anti-social behaviour (ASB) can take many forms, from persistent noise nuisance to criminal conduct and can significantly disrupt the peace, safety, and wellbeing of residents.
Legally, ASB is defined as behaviour that causes, or is likely to cause, harassment, alarm, distress, nuisance or annoyance to others outside the perpetrator’s household.
Educating Communities
The first step in tackling ASB is to prevent it through education. Helping communities understand what ASB is, how to identify it, and where to seek help is essential. This can be achieved through neighbourhood awareness campaigns, school programmes and social media outreach. By raising awareness, landlords and authorities can empower residents to take action and foster safer, more cohesive neighbourhoods.
Identifying a Problem
To determine whether ASB is present and requires intervention, the following framework can be useful:
- Community: Is the issue affecting public (i.e. individuals, groups, or businesses)?
- Harmful: Is there physical, emotional, financial, or property damage?
- Expectation: Are public agencies expected to respond?
- Events: Are there specific incidents or patterns of behaviour?
- Recurring: Has it happened more than once, and is it likely to continue?
- Similarity: Are the incidents connected by people, places, or circumstances?
This approach helps ensure that responses are proportionate and targeted.
Informal Tools
Once a problem is identified, social landlords and local authorities can use informal tools to address it early. These include:
- Verbal and written warnings
- Early intervention schemes
- Mediation
- Acceptable behaviour contracts
- Voluntary agreements
- Good neighbour agreements
Persistent or high-risk cases are often addressed through multi-agency panels involving police, councils, mental health services, and community safety teams.
Formal Legal Powers
Where informal measures are not sufficient, formal legal tools may be necessary:
Criminal Behaviour Orders (CBOs)
Now governed by the Sentencing Act 2020, CBOs can be imposed following a criminal conviction in addition to a sentence including cases where a conditional discharge is given but not where an absolute discharge is imposed. Any applications must be made by the prosecution and must be submitted prior to sentencing. Breach of a CBO is a criminal offence and may result in imprisonment or a fine.
Community Protection Warnings and Notices
These can be issued to individuals or organisations whose conduct is persistent, unreasonable, and detrimental to the community. A warning is issued first, followed by a notice if the behaviour continues. Breach of a Notice may lead to prosecution or a fixed penalty.
Anti-Social Behaviour Injunctions
Available for individuals aged 10 and over, these injunctions can prohibit or require specific behaviours. Courts may attach a power of arrest, and applications can be made with or without notice depending on urgency.
Public Spaces Protection Orders (PSPOs)
PSPOs restrict activities in public areas to prevent persistent ASB. They last up to three years and must be reviewed annually. Renewal is possible if the issue persists.
Closure Orders
These allow authorities to restrict access to premises linked to serious nuisance or disorder. A closure notice lasts up to 48 hours, followed by a court-issued order for up to three months (extendable to six). Closure Orders can also support possession claims under Ground 7A.
Possession Proceedings
If other tools are ineffective, landlords may seek possession under Grounds 7A (mandatory) or 14 (discretionary) of Schedule 2 of the Housing Act 1988.
Ground 7A applies where:
- The tenant or visitor has been convicted of a serious offence.
- There has been a breach of an ASB injunction.
- There has been a breach of a Criminal Behaviour Order.
- The property is subject to a Closure Order for more than 48 hours.
- There has been a breach of an abatement notice or court order relating to a statutory nuisance.
Ground 14 applies where:
- The tenant or visitor has caused nuisance or annoyance to others in the locality.
- The property has been used for immoral or illegal purposes, or an indictable offence has been committed in or near the property.
Ground 7A is mandatory, meaning the court must grant possession if the criteria are met. Ground 14 allows for judicial discretion.
Policy Outlook
The previous Government proposed a “three strikes and you’re out” model, under which tenants could be evicted and deprioritised for rehousing after three proven instances of ASB. Whether the current Labour Government will adopt this approach remains to be seen.
At Swinburne Maddison, we are recognised experts in the social housing sector, supporting many registered provider clients with a wide range of matters, including anti-social behaviour. In the 2026 edition of The Legal 500, we were ranked as the only Tier One law firm in the North of England for social housing, reflecting the depth of our expertise and the strength of our client relationships.
For more information, please get in touch with Navya Joginipally in our dispute resolution team on navya.joginipally@swinburnemaddison.co.uk or call 0191 384 2441.
