What are antisocial behaviour notices

Antisocial behaviour notices were introduced through the Antisocial Behaviour etc (Scotland) Act 2004.

Local authorities have the power to serve antisocial behaviour notices on landlords in their area.

This content applies to Scotland

Antisocial behaviour and private lets

A local authority can send the landlord of a private tenancy an ASBN if:

  • one of their tenants or someone else living, or visiting the tenant’s home is behaving antisocially, and

  • the landlord does nothing to stop them. [1]

Antisocial behaviour and holiday houses or 'party flats'

A local authority can send the landlord of a holiday house (or ‘party flat’) an ASBN if:

  • the property has been rented out as holiday accommodation on more than two occasions,

  • one of the occupants, or somone visiting the holiday house, has behaved antisocially on more than two occasions,

  • the landlord does nothing to stop them, and

  • the local authority believes that if the accommodation is used for a similar purpose in the future antisocial behaviour will occur again. [2]

Definition of antisocial behaviour

Antisocial behaviour for the purpose of the 2004 Act is behaviour or the pursuance of a course of conduct that causes, or is likely to cause, alarm, distress, nuisance or annoyance. [3] These feelings must be caused to a person residing in, visiting, or otherwise engaging in lawful activity at, or near, the landlord's property. [4] 

Serving an antisocial behaviour notice

An antisocial behaviour notice can be served on a landlord, where the behaviour is carried out [5] by the tenant or occupant of the landlord's property or by any visitor to that property. The notices will detail the action that must be taken by the landlord to control the antisocial behaviour. [6]

What if a landlord fails to take action?

If the landlord fails to take the action specified in the notice s/he will be guilty of an offence. [7] S/he may also be served with a court order suspending the payment of rent by her/his tenants [8] or transferring some or all of her/his rights and responsibilities under the tenancy agreement to the local authority. [9]

Last updated: 28 July 2020

Footnotes

  • [1]

    s.68(2) Antisocial Behaviour etc (Scotland) Act 2004

  • [2]

    s.68(1A) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011

  • [3]

    s.143 Antisocial Behaviour etc (Scotland) Act 2004

  • [4]

    s.81(4) Antisocial Behaviour etc (Scotland) Act 2004

  • [5]

    s.68(2) Antisocial Behaviour etc (Scotland) Act 2004

  • [6]

    s.68(3)(b) Antisocial Behaviour etc (Scotland) Act 2004

  • [7]

    s.79(1) Antisocial Behaviour etc (Scotland) Act 2004

  • [8]

    s.71(1) Antisocial Behaviour etc (Scotland) Act 2004

  • [9]

    s.74 and s.78 Antisocial Behaviour etc. (Scotland) Act 2004