The House of Commons Library has published a briefing note on anti-social behaviour in private housing which clearly outlines a landlord’s responsibility.
The notes states, “As a general rule, landlords are not responsible for the actions of their tenants as long as they have not ‘authorised’ the anti-social behaviour. Despite having the power to seek a court order for eviction when tenants exhibit anti-social behaviour, private landlords are free to decide whether or not to take action against their tenants.”
The note continues, “The question of whether a landlord can be held liable for the nuisance of its tenants has been considered in a number of cases. It is established that no claim can be sustained in nuisance where the nuisance is caused by an extraordinary use of the premises concerned, for example by the tenants being noisy or using drugs on the premises. The rationale behind this approach is that it is up to the victim of the nuisance to take action against the perpetrator. To found an action in negligence against a landlord the victim must show that there has been a breach of a duty of care owed by the alleged perpetrator…”
The briefing note includes case law examples and has been published for the benefit of MPs and their research staff, but is also available to view by the general public.
Read the House of Commons briefing paper, ‘Anti-social behaviour in private housing’.