As the Housing Ombudsman points out, anti-social behaviour (ASB) cases are “often the most challenging for a landlord” because they are “multifaceted” in nature, time-consuming and emotionally charged.  

Using cannabis, a Class B controlled drug, other than for medicinal purposes, is unlawful.  

In cases like this, tightening up existing practices can insulate organisations from challenge (whether from the Housing Ombudsman, the Regulator of Social Housing or, in an extreme case, by way of a judicial review) and minimise the risk of adverse interactions with both the residents and other housing providers.

Make sure all parties (complainants and those complained against) understand their obligations as early as possible. If you don’t already, it cannot harm to give a ‘do and don’t’ checklist in a leaflet on ‘how to be a good neighbour’ at the start of each new tenancy.

While there’s no magic bullet for this situation, evidence is the key to protecting residents and your organisation. 

Be open with the residents by making sure that complainants understand and agree to a process of evidence-gathering. Explain to those complaining that unless there is sufficient evidence of the ‘offensive behaviour’, it will be almost impossible to pursue any case. 

It is also important that you ask complainants about their willingness to give evidence in court, should it become necessary, and to keep them updated throughout the process. This would include reconfirming their willingness to give evidence should circumstances change.

However, if residents are reluctant to give evidence in court, this should not prevent investigation. Stick to your timelines for investigating and clearly document all the steps you take. 

It is also worth checking whether the ASB case review (formerly known as the community trigger) could apply, which gives victims of persistent ASB the right to request a multi-agency case review where a local threshold is met. 

Unfortunately, shifting responsibility to other agencies, for example the police or the environmental health department of a council, won’t work. This has actually resulted in adverse decisions from the Housing Ombudsman for some housing providers. However, mediation with the parties and enrolling other agencies, such as social services including clinicians and mental health bodies, may help.

Finally, a couple of practical solutions you may wish to consider:

• Installing technology that is able to detect the smell of cannabis
• Investigation works around the building’s insulation and ventilation, especially if there are already scheduled maintenance works in the pipeline

Tola Amodu is an associate professor in law at the University of East Anglia, where she specialises in land law (including housing law), public law and regulation.

She is also a practicing solicitor and a volunteer at the Norfolk Community Law Service, with a speciality in housing law.

Her specialisms include homelessness, tenants’ rights and the application of public law duties to authorities.

If you have a dilemma for one of our Agony Aunts, submit it anonymously via the online form, or click here.

This article does not constitute legal or other professional advice. It has been prepared for general information only. While every effort is made to ensure the information is accurate and current, no assurance is given that it is complete or applicable to your particular situation. Before making decisions or taking action based on the information, please consult a suitably qualified professional. No responsibility is accepted by Ocean Media Group Ltd, its employees or its contractors for any loss or damage resulting from reliance on this article.

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