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Whether tenants are using illegal drugs, selling illegal drugs, or producing illegal drugs, it’s a fact that illegal drugs blight communities. They are also linked to organised crime. Sadly, landlords are sometimes forced to deal with the problems caused by tenants and illegal drugs. In this article, we are going to look at a landlord’s responsibilities in relation to illegal drugs.
Why Should I Care About Drug Use in my Rental Property?
If you are the type of landlord who rarely visits their rental property and as long as the rent is paid, you don’t take an interest in what goes on, then you might not be aware of situations where tenants might be using, dealing, or producing illegal drugs.
Illegal drug using, dealing, and production are illegal activities and if you do turn a blind eye when you know your tenants are up to no good, it could come back and haunt you.
For starters, tenants involved with illegal drugs are hardly likely to be upstanding members of the community. As best, they will probably not take good care of your property, and if all their money goes towards the purchase of drugs, it’s possible they won’t pay the rent on time.
Illegal drug dealing tenants will have dangerous and possibly violent criminal associates, which has an impact on the neighbours and neighbourhoods. If your tenants rent the property to turn it into a cannabis farm or meth lab, you have much bigger problems on your hands than unpaid rent and grumpy neighbours.
Landlords have a duty of care to ensure their tenants don’t cause problems in the local community. If the worst does happen despite your best efforts, pretending everything is peachy won’t help you if you end up in court.
Read on to learn more.
Signs Tenants are Using Illegal Drugs
Illegal Drug-using tenants tends to be the most common illegal drug-related problem landlords have to deal with. As a responsible landlord, you are duty bound to act once you find out the tenant is using illegal drugs.
Taking action ensures the tenant is dealt with before they cause irreparable damage to the property or becomes a nuisance in the local community.
The main signs to watch out for include:
- Illegal drug paraphernalia in evidence when you carry out a property inspection
- The smell of cannabis or complaints from neighbours about the smell of cannabis
- Neighbours report a lot of visitors to the property, especially late at night
- Housemates report illegal drug use in an HMO
- Antisocial behaviour issues – illegal drug using tenants are often paranoid, irritable, aggressive, and generally unpleasant to be around
- Tenant stops paying the rent – if all their money is being spent on illegal drugs, paying the rent might not be the first thing on their to-do list.
- Tenant reluctant to grant access to the property for inspections or maintenance
If you suspect your tenant is using illegal drugs, talk to them (if you feel safe doing so). Let them know you will evict them if they don’t immediately stop using illegal drugs on the property. It’s sensible to contact the local police, too. Since illegal drugs are highly addictive and it’s very unlikely a tenant will stop using their illegal drug of choice just because you threaten them with eviction, prepare to start eviction proceedings. Illegal drug use is a breach of the tenant’s tenancy agreement, so you have grounds to evict the tenant.
Landlords can use a Section 8 notice to evict a tenant involved in illegal drugs, whether they are using, dealing, or producing illegal drugs on the premises. You will need evidence – neighbour hearsay is not enough. If you don’t have any concrete evidence, such as a tenant arrest record, you should seek legal advice on the next steps.
The Anti-social Behaviour Act 2003
Whilst landlords are not legally responsible if their tenants behave badly, they do have a duty of care to ensure bad tenants don’t cause problems in the wider community. Illegal drug use and misuse is a common feature of antisocial behaviour, and many ASB tenants use illegal drugs or have affiliations with criminals involved in the illegal drugs trade. As a landlord, you need to take responsibility for dealing with the problem.
- If you are made aware by neighbours or housemates that a tenant is misusing illegal drugs and indulging in antisocial behaviour, take the complaint seriously.
- Speak to the tenant to find out their side of the story.
- Issue a written warning if a quiet word doesn’t sort the tenant out.
- Eviction is a last resort, but it may be necessary if a tenant doesn’t stop using, producing, selling illegal drugs from the property.
If you fail to take action or the problems continue despite your best efforts, the police and council have the power to issue a closure notice lasting 48-hours. This effectively shuts down the property and prevents you or the tenant from accessing it. They may also apply to the courts for a premises closure order (PCO), which can last up to three months.
While a PCO is in force, landlords can’t let the property, even if the problem tenant moves out. It can also lead to the loss of a landlord’s licence (if applicable).
Misuse of Illegal Drugs Act 1971 – Section 8
A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises that is to say
(a) producing or attempting to produce a controlled drug;
(b) supplying or attempting to supply a controlled drug to another…or offering to supply a controlled drug to another;
(c) preparing opium for smoking;
(d) smoking cannabis, cannabis resin or prepared opium.
Is a Landlord Liable?
Liability depends on the circumstances of the offence.
If the tenant is using illegal drugs and the landlord is unaware, the tenant is liable.
If the landlord is aware the tenant is using cannabis or opium, he could be prosecuted under Section 8, but this doesn’t extend to other illegal drugs. So, if a tenant is a regular cocaine user, even if the landlord is aware of this, no offence is committed under Section 8 of the Misuse of Drugs Act.
If the landlord allows the tenant to cultivate illegal drugs and does nothing, the landlord can be prosecuted for allowing his property to be used for the production of a controlled substance, as per Section 8 of the Misuse of Drugs Act.
Has my Property Been Turned Into a Cannabis Farm?
Rental properties are attractive to criminal gangs looking for quiet locations to cultivate illegal drugs. Criminals can set up a illegal drugs production operation very quickly and be gone before the law catches up with them. Cannabis farms are a good example of the link between the private rental sector and illegal drugs gangs.
There have been numerous stories in the press in recent years about cannabis farms in rental properties. Cannabis crops thrive in indoor settings, where ‘farmers’ provide 24-hour light, heat, and water. Growers usually install extractor fans, irrigation systems, heat lamps, and other equipment, which can cause considerable damage.
Cannabis is a controlled substance and it’s illegal for a property you own to be used for the production of cannabis. Turning a blind eye to suspicious behaviour is not a defence if you are prosecuted, so it’s important to be aware of warning signs.
These include:
- Tenants willing to pay large sums of cash up-front for the rent
- Suspicious activity all hours of the day and night
- Blacked out windows
- Vastly inflated utility bills
- A strong, sweet smell in the vicinity of the property – and indoors, if you gain access
- Upset neighbours
Many landlords are blissfully unaware their property has been converted into a cannabis farm until it’s raided by the police. If you have any suspicions whatsoever, or the neighbours have reported strange goings-on at the property, call the police and ask them to investigate.
As stated above, turning a blind eye is not an option; nor is knowingly allowing a tenant to set up a cannabis farm. Not only could you be prosecuted for allowing such activities to take place, but your property will almost certainly be wrecked. You’ll incur huge sums of money in legal fees and your landlord insurance is unlikely to cover the damage caused by your criminal tenants.
For a good idea of the consequences of what happens when you knowingly or unknowingly end up involved with illegal drug dealers, stream Narcos or Breaking Bad. Clue: nothing good.
Other Types of Illegal Drug Activity in a Rental Property
Whilst cannabis is definitely one to look out for, many other types of illegal drugs can be manufactured in a residential property. Criminals often favour rental properties as illegal drug production labs. An amphetamines kitchen or ‘meth lab’ can be set up quickly and start producing saleable product almost immediately.
Rural properties or those well-screened behind hedges and fences are most popular for this type of activity. Any house or flat where the gang is sure they won’t be disturbed will do.
Warning signs include:
- Strong chemical odours
- A strong smell of cat pee – either your tenant has a herd of stray cats in residence or they are cooking methylamphetamine, better known as ‘meth’.
- Empty chemical drums near the property
- Large tubs and boxes of powders
- A large number of medication bottles or blister packs
- Chemistry lab equipment
- Unusual levels of security
- New alarm systems and reinforced exit doors
- Unusual levels of activity at the property, often 24/7
- Blacked out windows
- Very expensive cars visiting a low-rent property
- Heavy traffic to the property, on foot and via car
Document the Evidence of Illegal Activity
You’ll need evidence if you want to evict the tenant under Section 8. Keep a record of all complaints from neighbours and other people living in the property, including emails, instant messages, SMSs, social media messages, and phone calls.
If the police get involved, make a note of the crime number and the names of the officers dealing with the case.
Evidence of property damage is also essential if you need to make a claim with your insurers or in court. This can be in the form of invoices, estimates for work needed, photos, and videos.
What Happens if a Landlord Finds Illegal Drugs in his Property After a Tenant has Left?
There may come a time when a tenant moves out and leaves illegal drugs or illegal drug-use paraphernalia behind. It is very important to dispose of these items in the correct manner, as being found in possession of illegal drug use equipment that contains traces of illegal drugs is an offence.
Landlords should seek advice from the police when it comes to disposing of drugs or paraphernalia. Disposing of used needles and other injecting equipment in particular must be done with extreme care, due to the nature of the risks inherent in such items.
How to Avoid Problems With Illegal Drugs in Rental Properties
The best way to avoid problems with illegal drugs in rental properties is to have an effective tenant screening process. Whilst no screening process is 100% perfect, it is the best way to ensure you don’t end up stuck with a dodgy tenant or Walter White wannabe.
Be aware that anyone can have an illegal drug problem, regardless of class or income. Just because your tenants seem like ‘nice’ people, it doesn’t mean they are squeaky clean. Criminal gangs often employ respectable couples to act as a front when renting a property destined to be used as an illegal drug production lab. Once the tenant is set up and the keys and documentation handed over, the couple disappears into the ether and their criminal cohorts move in.
Be wary if a would-be tenant offers cash up front, especially if they want to pay six months or more in rent. Sure, the money would be handy, but if your property ends up trashed, you will be out of pocket. Another warning sign is if the tenant wants to pay cash, but their income sources don’t add up.
Run thorough ID checks, cross-reference previous addresses, and check previous landlord references. Verify all the information given to you by the tenant, and if there are any red flags, or you feel something is ‘off’, walk away.
To ensure the property isn’t so attractive to illegal drug dealers, keep hedges low and well-trimmed, install security lighting around the perimeter, and remain on friendly terms with the neighbours. Illegal drug gangs are unlikely to rent a property if it’s visible from the road and if the neighbours interact with each other.
We hope this guide to landlord responsibilities in relation to illegal drugs has been informative. Hopefully, you’ll never have to deal with an illegal drug user tenant, but if you do, act quickly and decisively. This is the best way to protect your interests.
Have you ever had to evict a tenant for using or dealing illegal drugs? Or worse, have you had one of your rental properties turned into a cannabis farm?
Let us know. You can get in touch on Facebook or via Twitter. We’d love to hear more about your experiences.
