TC Young Solictors

What we do

Anti-social behaviour

Anti-social behaviour can cover a wide spectrum of activity: from simple cases of neighbour disputes to serious criminal activity.

The legal definition which has now been adopted in the Housing (Scotland) Act 2001 is that anti-social behaviour is:

"behaviour which causes alarm, distress, nuisance and annoyance".

Local authorities and other registered social landlords are now required to play a key role in the tackling anti-social behaviour and are required to be aware of the various causes of anti-social behaviour and the various different types of anti-social behaviour. Landlords must also be aware of the different actions which are available to deal with the problem of anti-social behaviour.

Our Social Housing team have wide experience in using the courts to assist our clients in dealing with antisocial behaviour problems.

We have obtained numerous Antisocial Behaviour Orders (ASBOs). These are Court orders ordering a person not to act in an anti-social manner and are designed to tackle anti-social behaviour and to protect the community. It does not affect the RSL’s right to take eviction action for anti-social behaviour or to seek an interim interdict to prevent anti-social behaviour. It is intended to tackle behaviour which causes or is likely to cause alarm or distress to the community.

ASBOs can be made against anyone aged 12 or over, whether they reside in one of the RSL’s properties or not.

An ASBO will remain in force either for a specific period set by the Court or indefinitely. It should be reviewed on a regular basis to check that it is having effect. Breach of an ASBO is a criminal offence.

The most severe legal remedy open to deal with anti-social behaviour is that of eviction.

Eviction requires to be based on one of the grounds specified in either the Housing (Scotland) Act 2001 or the Housing (Scotland) Act 1988. In both Scottish Secure and Assured Tenancies eviction for anti-social behaviour can either be sought on the specific grounds which prohibits anti-social behaviour (Grounds 2 and 7 in Scottish Secure Tenancies and Ground 15 in Assured Tenancies) or simply on a ground which allows an eviction order to be sought where the tenant has broken “an obligation of the tenancy” (Ground 1 for Scottish Secure Tenancies and Ground 13 for Assured Tenancies).

Again we have dealt with many eviction actions based on antisocial behaviour. The key members of our team have unrivalled expertise in this field.

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