What to do if you’re accused of antisocial behaviour

There are things you can do to avoid complaints from your neighbours.

If you’re accused of antisocial behaviour, try to understand the other person’s perspective and come to an agreement.

If your neighbour reports you for antisocial behaviour, the council or police can investigate. If there’s proof you’re behaving antisocially, they can take action to make you stop.

Your responsibilities as a tenant

You’re responsible for your own behaviour in your home and local area. Your landlord can also hold you responsible for antisocial behaviour by anyone who lives with you or visits you.

Antisocial behaviour means doing something that causes alarm or distress to someone in a different household. This could include:

• making excessive noise

• littering or dumping rubbish

• intimidating, threatening or harassing someone

• damaging or vandalising property

Avoiding complaints about antisocial behaviour

To avoid complaints:

• keep noise to a minimum between 11pm and 7am

• clear up your rubbish and keep communal areas clean and tidy

• clear up after your animals and keep them under control

When you speak to your neighbours, be friendly and approachable. If you have a disagreement, try to understand their perspective. This could help avoid them going to the council or the police.

Dealing with noise complaints

It’s not antisocial behaviour if there’s some noise caused by normal activities in your home, like footsteps or children playing.

It could be antisocial behaviour if you’re making excessive noise like:

• playing music loudly

• shouting and swearing

• slamming doors

• making noise late at night

Try to talk to your neighbours if they’re complaining about noise, and see if you can come to an agreement. For example, you could agree to:

• reduce the volume of music or avoid playing it at certain times of day

• tell your neighbours in advance if you’re having a party

• use rugs or carpets to reduce noise travelling through floorboards

If your behaviour is caused by a disability or medical condition

You can explain this to your neighbours if you feel comfortable doing so. It could help them understand your situation.

If your neighbour asks the council, police or court to get involved, get evidence of your disability or condition. You can ask your doctor or social worker to write a letter explaining how it affects your behaviour.

This could help prevent eviction or court action against you.

Going to mediation

If you and your neighbour cannot come to an agreement, you could go to mediation.

This is a voluntary way of solving a conflict. An independent mediator helps you talk through the problem and find a solution.

The mediator does not make a decision for you, but they can help you and the other person come to an agreement about what will happen next.

Your neighbour or the council may ask you to go to mediation if the problem is not solved. You do not have to agree to this, but it can help avoid further action being taken against you.

Check our advice on alternatives to court.

If you’re reported to the council or police

The council or police will investigate the complaint.

If there’s proof that you’ve behaved antisocially, they can take action to make you stop the behaviour. They could:

• send you a fine

• offer you an acceptable behaviour contract

• give you an antisocial behaviour order (ASBO)

Fines for antisocial behaviour

You could be sent a fixed penalty notice if you've broken the law. This is a fine for things like:

• littering, dumping waste or not picking up after your dog

• graffiti or vandalism

• excessive noise – the council must send you a warning notice first to give you a chance to reduce the noise

If you do not pay the fine, you could be taken to court and have to pay more.

Acceptable behaviour contracts

This is a voluntary agreement, usually drawn up by the council or the police. It can be used to avoid court action or eviction.

Make sure you can keep to the terms of any agreement before you sign the contract.

Antisocial behaviour orders (ASBOs)

This is a court order that sets terms for your behaviour. If you break the terms of an ASBO, you could be arrested or fined.

Anyone aged 12 or over can be given an ASBO. Only the council or a housing association can apply to the courts for an ASBO. A private landlord or neighbour must ask the council to apply for them.

If you’re given an ASBO and you do not understand the terms written in it, get legal advice from a solicitor. They can help you challenge it if you disagree with anything written in the order.

To get legal advice, search for a solicitor on the Law Society of Scotland website.

When you can be evicted for antisocial behaviour

You can only be evicted with a court or tribunal order. Your landlord will need to prove that you've behaved antisocially in your home or local area.

You can get legal help to challenge the eviction.

The court or tribunal will look at the evidence from both sides to decide:

• if there’s enough proof that you’ve behaved antisocially

• if it’s reasonable to evict you, taking your circumstances into account

Check our advice on stopping eviction for antisocial behaviour.

It could be harder to find another home if there's proof you've behaved antisocially. Check our advice if you're suspended from social housing lists.