Landlords affected by antisocial behaviour notices

This section looks at those landlords that can and cannot be affected by antisocial behaviour notices.

This content applies to Scotland

Landlords and antisocial behaviour notices

Antisocial behaviour notices can be served on most landlords whose property is occupied as a dwelling under a tenancy or occupancy agreement. [1] However, there are several situations in which a notice cannot be served. [2]

A notice cannot be served if there is a control order in force in respect of the property. [3] A control order can be served where more than one family is occupying a home and the local authority feels the property is below the tolerable standard. It gives the authority the right to take possession of the house and make any changes it believes to be necessary. [4]

Further, a notice cannot be served if the relevant property is used: [5]

  • for the provision of care home services

  • for school care accommodation services

  • for independent health care services

  • for secure accommodation services

  • by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering. [6]

Finally, a notice cannot be served if the property is owned either by a local authority or a registered social landlord. [7]

Last updated: 29 January 2020

Footnotes

  • [1]

    s.81(1) Antisocial Behaviour etc (Scotland) Act 2004

  • [2]

    s.81(1) and s. 81(3) Antisocial Behaviour etc (Scotland) Act 2004

  • [3]

    s.81(3)(d) Antisocial Behaviour etc (Scotland) Act 2004

  • [4]

    s.178 and s.179 Housing (Scotland) Act 1987

  • [5]

    s.81(3)(b) Antisocial Behaviour etc (Scotland) Act 2004

  • [6]

    s.81(3)(c) Antisocial Behaviour etc (Scotland) Act 2004

  • [7]

    s.81(3)(a) Antisocial Behaviour etc (Scotland) Act 2004