What behaviour is antisocial?

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Antisocial behaviour is an increasing problem in our society today and laws exist to deal with these problems. But working out what counts as antisocial behaviour is not always as easy as it might seem.

It's different for everyone

It's important to realise that antisocial behaviour means different things to different people. The type of behaviour that disturbs or intimidates you might not actually be much of a problem to someone else. Often, only the most extreme cases are reported in the media but the law can be used to stop or limit lots of different types of unacceptable activity.

What the law says

The law says that somebody is behaving in an antisocial manner if:

they are acting in a manner that is causing, or is likely to cause, alarm or distress
they are doing several things over a period of time that cause, or are likely to cause, alarm or distress to at least one person living in another household.

This definition also covers verbal abuse. So if someone has been shouting and swearing at you or saying things which make you feel uneasy, their actions could be classed as antisocial behaviour in the eyes of the law.

In order to be classed as antisocial, the behaviour must have been carried out on more than one occasion. Isolated incidents do not count as antisocial behaviour. However, some one-off incidents may involve criminal offences, and should be reported to the police.

Antisocial behaviour can be carried out by any occupier (eg a homeowner or a tenant), any member of her/his household (eg children, spouses, partners or other relatives) and/or any visitors.

Examples of antisocial behaviour

Many different types of behaviour are considered to be antisocial under the law:

excessive noise, particularly if it happens at unreasonable times of day
drinking or drug use which leads people to be rowdy and cause trouble
large groups hanging about in the street (but only if they are causing, or are likely to cause, alarm and distress)
littering, vandalism or graffiti
racist or other abuse.

These are just some examples and it's important to realise that, just because the problems you are having aren't included in this list of examples, it doesn't mean that you can't do something about it.

If you are concerned, distressed, intimidated or anxious about something that is happening near your home, it might be covered. Also, remember that your own behaviour might be affecting someone else, even if you don't think you are doing anything antisocial. Think about the way you're behaving both at home and when you are out.

Criminal activities

Very serious crime is unlikely to be dealt with as antisocial behaviour, because there are other more appropriate laws. Antisocial behaviour laws are more likely to be used to tackle repeated minor crime. Antisocial behaviour is not necessarily illegal, but is made illegal by the context. For example, noise that might be acceptable on the high street or in the day, could be unacceptable in a residential area at night.

What behaviour isn't covered?

The law on antisocial behaviour doesn't cover all kinds of behaviour. It's important to realise that, just because you are disturbed by someone else's actions, it doesn't necessarily mean that they are being antisocial.

For example, if you're having an argument with your neighbour about who owns the fence, or where the boundary to your house is, that alone probably won't be classed as antisocial behaviour. Other examples of situations that are not likely to be seen as antisocial behaviour include:

reasonable domestic noise (such as the ordinary sounds of home life, or of people talking)
noise generated by a legitimate business (eg machinery, deliveries, or temporary building works)
religious or cultural events
demonstrations and political marches (unless this involves personal or racist abuse, or unreasonable noise in a residential area)
things done by the emergency services as a part of their job (such as sirens or helicopter sounds and lights).

It is easy to be aware of what other people are doing, but be blind to our own faults. A lot of us drop litter, slam doors and play music too loud, and this can be antisocial behaviour. Many people who are taken to court for antisocial behaviour deny that they are doing anything wrong. Remember that, if your behaviour upsets someone and is serious enough, you may end up in court, under an ASBO, fined, sent to prison or even lose your home

So if you are accused of antisocial behaviour, take it seriously. Look at what you are accused of doing, and work out how much truth is there in it. Are there things you need to change? And are there people or agencies that can help you? If you are already facing court and other sanctions, get advice from a solicitor, law centre or Citizens Advice. You may also need help with issue such as:

relationship breakdown or domestic abuse
drugs or alcohol use
mental health issues
parenting or other caring responsibilities.

Your local advice centre can put you in touch with agencies that can help you. Use our directory to find one.

People who live with you, or visit you

You need to be in control of what other people in your home are doing. If you are a tenant, you are responsible for antisocial behaviour of anyone who lives with you, and even for your visitors. This includes your spouse/partner, your children, a lodger or whoever. You could be taken to court, or even lose your home for things done by anyone who you regularly allow into your home.

If you live with a tenant (eg as their lodger or partner) and they are behaving antisocially, the tenancy could be terminated and you could be evicted.

If you are a homeowner, you can be held responsible for the people who live with you. Parents are often made legally responsible for things done by their children. And if you let your home, you may be responsible for the behaviour of your tenants or lodgers, even if you live somewhere else.

So you need to take action to solve the problem, even if you're not directly responsible for causing it. What you can do will depend on the circumstances, but you might consider:

persuasion and explanation
encouraging them to get help (eg with mental health issues or a drug or alcohol problem)
making a lodger or adult child leave. You can't throw your children out unless they are adults - but you can ask for help from social services or the school
if you are suffering from domestic abuse, you may be able to get the person removed from the property and get the tenancy put in your name - ask your landlord or get advice from a solicitor.

Controlling your pets

Remember that you are also responsible for your pets. For example, if your dog's behaviour is causing problems for other people, it's no excuse to blame the dog. You can be held liable for any damage or injury your pets cause.