At the recent DASH conference, which Green and Burton ASB Associates were proud to sponsor, partner Janine Green took to the stage to explore what the Renters Rights Act will mean for the private rented sector. The session drew on her dual role as a partner at Green and Burton and as a housing member of the First Tier Property Tribunal in Scotland. That combination of frontline experience and tribunal insight places her in a unique position to help landlords and agents understand what is coming and how to prepare.

Scotland has already travelled the path now facing England. Seven years have passed since no fault evictions were abolished north of the border and tribunal powers were widened to hear private rented cases. The challenges that emerged there are almost certain to surface here too.

Janine used her DASH session to distil the most important learning for the sector. Her reflections offer three clear messages for anyone responsible for managing ASB within private rented homes.

1. Not everything reported as antisocial behaviour is actually ASB

One of the most consistent issues Janine sees in tribunal work is the volume of reports presented as ASB that simply do not meet the threshold. Late night toilet flushing, crying babies or an ambulance crew ringing the wrong doorbell are genuine frustrations, but they do not constitute antisocial behaviour in law.

The definition of ASB hinges on nuisance or annoyance, which is subjective and interpreted differently by each person affected. Without careful assessment, minor issues risk being escalated unnecessarily, which weakens cases and damages credibility in court.

Landlords and agents should sense check reports and consider:

• Is the behaviour deliberate or targeted
• Is it persistent
• Is the impact more than irritation

Filtering early prevents avoidable disputes and stops weak cases progressing into formal action.

2. Evidence makes or breaks an ASB case

Under the Renters Rights Act, judges will need to decide two things. First, whether the ASB occurred. Second, whether granting possession is reasonable. The first test depends entirely on evidence.

In Scotland, Janine regularly sees possession applications built on statements such as “I have received lots of complaints”, with no dates, details or corroboration. These cases almost always fail.

Stronger evidence includes:

• Incident logs with times and dates
• Photos or recordings where proportionate
• Signed statements from neighbours
• Police log numbers or involvement
• Records of repeated reports
• Documented actions taken by the landlord

Private landlords do not benefit from statutory information sharing, which places even more weight on keeping accurate internal records.

3. Courts look closely at reasonableness

Even if ASB is proven, tribunals still assess whether eviction is reasonable. This is where well documented, proportionate steps make a difference.

Judges expect to see:

·         Warning letters or advisory notes

·         Notes of conversations with the tenant

·         Evidence that expectations were explained

·         Clear detail on the impact on neighbours

·         Any repairs or costs arising from the behaviour

·         The effect on the landlord’s time and management

The Renters Rights Act goes further by directing judges to consider whether the tenant has cooperated with the landlord. Interventions that demonstrate fairness and opportunity to change will strengthen, rather than weaken, a case.

What private landlords can do now

Preparing ahead of legislative change will put landlords and agents in a stronger position.

• Strengthen tenant onboarding

Supplement tenancy clauses with practical examples of expected behaviour.

• Create simple and consistent reporting processes

Whether using diary sheets or digital tools like the ASB App, structure ensures reliable evidence collection.

• Develop template communications

Warning letters and early engagement records demonstrate proportionality if a case escalates.

• Keep clear, dated records

Logs, photos, notes of conversations, repair invoices and neighbour accounts all help a court establish reasonableness.

• Know the threshold

Identifying which issues fall below the ASB threshold helps avoid wasted time and unnecessary conflict.

• Tackling Antisocial Behaviour Under the Renters Rights Act 2025

The shift in the legal landscape will feel significant, but Scotland has already shown that ASB possession cases can still succeed when landlords bring solid evidence and act fairly. The Renters Rights Act will not lower expectations. If anything, it raises the importance of structure, documentation and clear communication.

Green and Burton ASB Associates were pleased to support the DASH conference and share these insights with the sector. They continue to work with private landlords, agents and local authorities to strengthen ASB practice and prepare for the changes ahead.

If you would like to explore support, training or case review options, their team is always happy to talk.