Anti-social behaviour (ASB) in leasehold blocks can range from persistent noise and harassment to drug use and vandalism. While managing agents are not law enforcement, they do play a vital role in helping leaseholders and freeholders respond to such issues. This article outlines what managing agents can—and cannot—do when faced with ASB.

1. Clarify the Scope of Responsibility

Managing agents are typically contracted to manage buildings, not people. Their authority is limited to enforcing lease terms and coordinating with relevant authorities. Agents cannot be expected to mitigate risks over which they have little or no control.

2. Initial Response and Evidence Gathering

When a complaint is received, the managing agent should:

• Log the complaint in their system
• Request a noise or incident diary from the complainant
• Review the lease to identify any breached covenants
• Send a polite but firm letter to the LEASEHOLDER referencing the relevant lease clause

This is exactly what we do at Common Ground Estate & Property Management. In practice, we log it on our system, and it gets a reference number. We use AI to produce a letter to the LEASEHOLDER. At this stage, there are no costs incurred, and this initial step is often enough to resolve the issue, especially when the offending party is unaware of the impact of their behaviour.

It is important to note that we always write to the LEASEHOLDER as it is that party that has signed the lease and is responsible for ensuring compliance of the lease provisions by any tenants they may have.

3. Escalation Measures

If the behaviour continues, managing agents may:

• Issue formal warnings
• Recommend mediation
• Coordinate with the freeholder to pursue legal remedies such as injunctions or, in extreme cases, forfeiture

However, forfeiture is a last resort. It involves tribunal and court proceedings, is costly, and rarely produces quick results.

4. Working with Local Authorities and Police

Managing agents can:

• Encourage leaseholders to report serious ASB (e.g. threats, drug use) to the police
• Liaise with local authorities to support enforcement actions
• Assist in gathering evidence for Acceptable Behaviour Agreements (ABAs) or Anti-Social Behaviour Orders (ASBOs)

5. Cost Recovery and Limitations

Managing agents may recover costs for time spent dealing with ASB, especially if it falls outside the standard management agreement. This reflects the additional workload involved and should be communicated clearly to leaseholders.

Final Thoughts

Managing agents are not enforcers, but they are facilitators. Their role is to support leaseholders, uphold lease terms, and coordinate with authorities when necessary. Clear communication, documented processes, and a firm understanding of legal boundaries are key to managing anti-social behaviour effectively.