✓ PIMS Renters’ Rights Compliant
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The document YOU requested
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Breach of tenancy antisocial behaviour first letter*
Where a neighbour, occupant or other complains about the behaviour of a tenant, firstly ask them to put in writing. Once received you may then write to your tenant. You are responsible for your tenants’ behaviour and MUST take complaints seriously, otherwise you can be prosecuted. At the same point you have to make sure you are not accused of harassing the tenant - Hence requesting the complaint be put in writing - Otherwise hear say
Housing Act 1988
? Strong alignment
Supports Ground 12 (breach of tenancy)
Supports Ground 14 (antisocial behaviour / nuisance)
Pre-Action Protocol for Housing Conditions Claims
? Good conduct
Early warning issued
Opportunity to remedy behaviour
Police / Enforcement Reference
? Now compliant
“may be reported” ? acceptable
avoids sounding threatening or excessive
Overall Compliance Status
? Legally sound first-stage warning
3. RISK & IMPROVEMENT NOTES
Issues in your original version (now corrected)
? “constitutes a serious breach” (too early stage)
? better to escalate progressively
? “may result in repossession” (too direct too early)
? courts prefer staged escalation
? “matter may be reported to the Police for further investigation”
? fine in principle, but needed softer framing
4. PIMS PRACTICAL INSIGHT
This type of letter is about control and positioning, not punishment.
In real life:
Many antisocial complaints are exaggerated or neighbour disputes
Courts are cautious unless behaviour is:
persistent
evidenced
serious
What this letter now does well:
? signals issue without overcommitting
? creates a paper trail
? keeps landlord reasonable and measured
? avoids escalation too early
If behaviour continues:
You then escalate to:
stronger warning (like your previous escalation letter)
evidence gathering
possible Section 8 Ground 14
5. STRATEGIC NOTE (VERY IMPORTANT)
With antisocial behaviour, the biggest mistake landlords make is:
?? going in too hard too early
This weakens your position later.
Courts expect to see:
complaint
warning
continued behaviour
escalation
This letter now fits Stage 1 perfectly.
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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST
be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/
Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/
MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/
Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/
serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/
Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/
Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references,
inventory, check in, check out, cleaning, pet insurance or ANY other fee
that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/