Antisocial Behaviour etc. (Scotland) Act 2004: Part 7 - Antisocial Behaviour Notices: Guidance for Local Authorities

Guidance for Local Authorities on the Antisocial Behaviour etc. (Scotland) Act 2004 Part 7 - Antisocial Behaviour Notices

Private sector landlord

12. A house (including a flat) falls within the scope of Part 7 of the 2004 Act unless it is subject to any of the following arrangements:

  • owned by a local authority or registered social landlord 1
  • properties used by religious orders 2
  • accommodation regulated by the Care Commission because it is being use for the provision of care
  • holiday accommodation

13. A landlord who lets such property may be subject to an ASBN. The let may be a formal lease or a less formal occupancy arrangement. Where houses share toilet, washing or cooking facilities they are treated as one house. The "landlord" is the person who permits the occupation of the house - in other words is a party to the occupant's lease or occupancy arrangement. The landlord is held responsible for managing the tenancy or occupancy arrangement. If the landlord engages an agent to manage the house, it remains the landlord's responsibility; if the agent fails to manage antisocial behaviour properly the landlord has a responsibility to ensure that the agent improves the management arrangements or is changed.

14. This is not a direct parallel to the arrangements for registration under Part 8 of the 2004 Act. There, it is the owner who is required to register as the person having ultimate control over the house, and is required to declare any agent. There will be situations where an intermediary in a chain of contractual relationships is a "landlord" for the purposes of Part 7 of the 2004 Act but does not appear in the register as he is neither the owner nor the agent dealing directly with the tenant. The arrangements differ in this way because Part 7 deals with specific instances of tenancy management whereas Part 8 deals with the overall arrangements established for letting the house and not with individual tenancies.

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