Whether it’s persistent noise, harassment, misuse of communal areas or more serious conduct, ASB disrupts the peaceful enjoyment of a home and often raises the question: what can a managing agent realistically do under UK leasehold law?
This guide breaks down what counts as ASB, where managing agents can intervene, and what steps leaseholders and directors should take.
What counts as anti social behaviour in a block of flats?
In a leasehold context, “anti‑social behaviour” includes any action that causes harassment, alarm, nuisance, or distress to others in the building.
Common examples include:
- Persistent, excessive noise
- Intimidation, verbal abuse or harassment
- Damage or vandalism to communal areas
- Behaviour that interferes with neighbours’ right to quiet enjoyment
- Misuse of shared spaces (storage, parking, entrances, bin stores)
Most residential leases contain a “nuisance or annoyance” covenant, which is the primary clause that managing agents rely on when addressing behaviour like this.
What can a managing agent do about anti-social behaviour?
Managing agents have an important role, but not enforcement powers. At JMJ, our role is to document, advise, communicate and escalate where appropriate.
1. Listen, record and advise
When a concern is raised, we will:
- Log the complaint formally so there is a clear record
- Recommend keeping evidence such as a noise diary or noting dates/times of incidents
- Review the lease to identify relevant covenants
- Write to the responsible leaseholder, highlighting the issue and referencing the appropriate clause
Often, this early intervention resolves the problem without escalation.
2. Support escalation if the behaviour continues
If issues persist, we can:
- Issue formal written warnings
- Recommend mediation between neighbours
- Work with the freeholder to consider legal remedies (e.g., civil injunctions) where evidence is strong
These steps require cooperation from the freeholder because managing agents cannot act alone on lease enforcement.
3. Liaise with authorities when required
Managing agents are not law enforcement, but we can:
- Encourage reporting to the police where criminal behaviour is involved
- Support local authority involvement, such as noise teams
- Provide evidence to support Acceptable Behaviour Agreements (ABA) or injunction applications
What can’t a managing agent do about anti-social behaviour?
It’s crucial for leaseholders and directors to understand the legal limits:
Managing agents cannot:
- Act as the police or enforce criminal law
- Force an immediate change in someone’s behaviour
- Remove residents or terminate leases
- Take unilateral legal action without freeholder authority
The legal powers that permit injunctions, community protection notices or possession proceedings generally sit with landlords, social landlords, or local authorities, not managing agents.
What should leaseholders and RMC/RTM directors do when facing ASB?
To help us support you effectively, you should:
- Keep clear records (dates, times, witnesses, videos where appropriate)
- Report behaviour involving safety, threats, violence or criminal activity to the police
- Inform the managing agent promptly
- Consider mediation if appropriate as behaviour sometimes changes once residents understand the impact
How RMC/RTM directors should approach ASB issues
Directors often worry about liability and responsibility. The key points are:
- Directors are not expected to police behaviour, and you shouldn’t personally intervene in disputes
- Your duty is to ensure the lease is upheld – normally by instructing the agent to act, which we then do on your behalf
- Evidence is essential: without it, neither the freeholder nor a court can act
- If ASB persists despite letters and mediation, directors may need to authorise the freeholder to seek legal advice on enforcement routes
What to do next (recommended next steps for leaseholders and directors)
If you’re dealing with ASB in your block:
- Speak to your managing agent early – issues escalate when left unchecked
- Gather as much documented evidence as possible
- Report serious, criminal or high‑risk behaviour to the police immediately
- Ensure all directors follow the same process for consistency and fairness
For more structured guidance, download our XXX – a practical resource designed to help you take the right steps with confidence.
JMJ’s commitment
At JMJ, we will:
- Take every ASB report seriously
- Act promptly and professionally within our contractual role
- Advise clearly on what is and isn’t possible under the lease
- Work with freeholders, authorities and residents to find constructive solutions
While managing agents cannot enforce the law or remove residents, we can facilitate, document, escalate and support, ensuring the issue is handled correctly, fairly, and in line with lease obligations.
