Renting Homes: The Final Report - Law Commission

PART 9
PROHIBITED CONDUCT AND ANTI-SOCIAL
BEHAVIOUR
INTRODUCTION 1
9.1 Landlords have long sought to use tenancy agreements to control some forms of
tenant behaviour. Terms in agreements prohibiting the playing of music after
certain hours are common. In addition, many leases have contained covenants
prohibiting the use of premises for criminal or immoral purposes.
9.2 In recent years, new social issues have come to public attention which have
effectively extended the range of situations in which the law has sought to control
the behaviour of tenants. Perhaps the clearest example is that of domestic
violence. In addition to the development of general rules of law designed to
prevent domestic violence and deal with the consequences of domestic violence,
there has for many years been available a ground for possession enabling
landlords to seek possession against a tenant found to have committed domestic
violence.
9.3 In our original Consultation Paper 2 we made a number of proposals relating to the
regulation of occupier behaviour which proved very controversial. We were
particularly criticised for linking proposals for the reform of housing law to broader
issues relating to the control of anti-social behaviour. In the light both of these
criticisms, and the fact the Government policy relating to anti-social behaviour
has developed rapidly, we have modified our approach. 3 This approach builds on
the current law, but seeks to rationalise and clarify it.
9.4 In essence, we recommend that:
(1) all occupation contracts should contain a prohibited conduct term;
(2) breach of the term will justify the institution of possession proceedings in
the normal way;
(3) landlords can also seek injunctions for breach of the term;
1 Anti-social behaviour is discussed in Part 15 of Renting Homes (2003) Law Com No 284.
2
Renting Homes 1: Status and Security (2002) Law Commission Consultation Paper No
162.
3 See Renting Homes (2003) Law Com No 284, Part 15.
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