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Scotland

Eviction of perpetrators

In some cases, it may be possible to begin eviction proceedings on the grounds of harassment or antisocial behaviour.

This content applies to Scotland

Scottish secure tenants

Local authorities and registered social landlords can take possession proceedings against perpetrators for breach of any relevant provisions in the tenancy agreement such as those prohibiting racial/sexual harassment and causing nuisance or annoyance to others.

The local authority or registered social landlord can recover possession if the tenant has breached an obligation of the tenancy, [1] which would depend on the exact terms of the tenancy agreement between the landlord and the tenant.

The local authority or registered social landlord may also be able to recover possession where a property has been used for immoral or illegal purposes or where there has been an imprisonable offence. [2] There are also grounds to recover possession in relation to anti-social behaviour or harassment. [3]

In all these cases the local authority or registered social landlord must show that it is reasonable to grant possession.

For more information about eviction and Scottish secure tenants, please see the section on Scottish secure tenancies.

Assured tenants

Landlords of assured tenants may be able to recover possession where a property has been used for immoral or illegal purposes or where there has been an imprisonable offence. [4] There are also grounds to recover possession in relation to anti-social behaviour or harassment. [5]

In all these cases the landlord must show that it is reasonable to grant possession.

For more information about eviction and assured tenants, please see the section on assured tenants. 

Last updated: 29 December 2014

Footnotes

  • [1]

    sch.2 ground 1 Housing (Scotland) Act 2001

  • [2]

    sch.2 ground 2 Housing (Scotland) Act 2001

  • [3]

    sch.2 ground 7 Housing (Scotland) Act 2001

  • [4]

    sch.5 ground 15 Housing (Scotland) Act 1988 as amended by s.23 Crime and Disorder Act 1998

  • [5]

    sch.5 ground 15 Housing (Scotland) Act 1988 as amended by s.23 Crime and Disorder Act 1998