Landlords will frequently encounter tenants who engage in anti-social behaviour (ASB). If internal policies have been exhausted and the tenant’s conduct has stayed the same, this article presents a variety of strategies for addressing ASB.
Anti-Social Behaviour Orders (ASBO) – Scotland
An Anti-Social Behaviour Order (ASBO) is a preventative measure that can be implemented to prevent a tenant from engaging in anti-social behaviour.
Anyone over the age of 12 may submit a Summary Application for an ASBO. An ASBO is a Civil Order that is issued by the Court and includes specific conditions that are intended to prevent an individual from engaging in a particular behaviour. The Court must be convinced that the following criteria have been satisfied:
- The individual is at least 12 years of age.
- The individual has engaged in ASB with a relevant individual.
- An ASBO is essential to safeguard pertinent individuals (including neighbours and individuals in the vicinity of the tenancy) from the individual’s continued antisocial behaviour.
The tenant will be prohibited from engaging in specific activities, as specified in the application. For instance, visitors are prohibited from intimating or harassing anyone within the vicinity of the property, the number of visitors permitted at the property is restricted, and excessive commotion is not permitted.
It is necessary to consult with the police and inform the local authority of your intention to apply for an ASBO prior to submitting any application.
It is a criminal offence for the tenant to violate the terms of the ASBO, and the police will have the authority to arrest and charge the tenant for this violation.
Transitioning to a Short Scottish Secure Tenancy on ASB Grounds (SSST)
If a tenant is currently under an ASBO or has been evicted throughout the past three years as a result of an ASBO, it is possible to attempt to convert the tenancy to a Short Scottish Secure Tenancy (SSST).
In order to convert the tenancy, the tenant must be served with a Section 35 Notice. It is imperative that the necessary steps are taken to accurately convert the tenancy, as tenants have the right to appeal any such conversion.
The proprietor is required to provide housing support services throughout the twelve-month duration of the SSST, which will facilitate the conversion of the tenancy to an SST upon its conclusion. The SSST may be extended for an additional six months in cases where housing support is in place and there has not yet been a sufficient improvement in the behaviour.
The initial step in terminating the tenancy is to serve the tenant with either an NOP or Section 36 Notice if the tenant continues to behave antisocially. A NOP may be served at any point during the tenancy, provided that it is given at least four weeks’ notice. An alternative method is to serve a Section 36 Notice. This must be completed at least two months before the end of the tenancy. The tenant’s transgressions of their tenancy must be documented in both Notices. The SSST will automatically transition to an SST if no action is taken to extend it.
If the tenant fails to vacate the property after the Section 36 Notice or NOP is served, you will be required to apply to the Sheriff’s Court to obtain an order for repossession of the property.
Filing a Court Action for Eviction as a Landlord – Solicitor
In order to initiate a court action to evict a tenant for ASB, the tenant, a person residing or visiting the tenant, must have engaged in anti-social behaviour or pursued a course of conduct that amounted to harassment and it is not reasonable for the landlord to be obligated to provide alternative accommodations for the tenant in all circumstances.
The Sheriff must be convinced that it is reasonable to grant the Decree, and an NOP must be served on the tenant prior to the commencement of court proceedings. The NOP should provide a summary of the ASB.
In 2019, a simplified eviction procedure was implemented, which enables the filing of a court action in the event that a criminal offence has occurred within the vicinity of the property. Conviction must be the outcome of the criminal offence. We suggest that you seek our guidance before taking any action, as there are numerous factors to consider when determining whether to pursue this path. The goal of this ground is to facilitate the expedited implementation of measures to mitigate the ASB’s adverse effects; consequently, the Sheriff is not obliged to evaluate reasonableness.
Please reach out to our team if you require additional guidance on how to address ASB.
