One of the many differences between tenancy law in England and Scotland was highlighted online, namely the consequences of a landlord's failure to address the behaviour of antisocial tenants. In England, the landlord has no specific legal obligations to deal with antisocial tenants however Scotland is an entirely different story.

The Antisocial Behaviour etc (Scotland) Act places a duty on a private landlord to take action to deal with antisocial tenants. Local authorities who receive complaints of antisocial behaviour in a tenanted property will normally contact the landlord of the property in the first instance to ascertain what steps he intends to take. The local authority can also serve the landlord with an antisocial behaviour notice which will:-

• Give a description of the antisocial behaviour at the property
• Require the landlord to take action within a specified period to deal with the antisocial behaviour and specifying such action where appropriate. This could include serving notice and subsequently raising court action to evict the tenant
• State the consequences of failing to take such action within the specified period
• Confirm the landlord's right to apply for a review of the notice

If the landlord fails to comply with the notice, he will be guilty of an offence and could face a fine. In addition the local authority can also:-

• Take steps to deal with the antisocial behaviour and recover any expense in doing so from the landlord
• Apply to court for an order stating that no rent should be paid for the property effectively allowing the antisocial tenant to live rent free! The landlord would have the right to appeal against such an order
• Apply to court for a management control order which would give the authority the rights and obligations of the landlord, essentially stepping into the landlord's shoes for a period not exceeding 12 months. This would include the right to accept rent which would not be payable to the landlord

The landlord's registration or any HMO license could also be revoked if the local authority considers that the landlord is no longer fit and proper by virtue of their failure to address the antisocial behaviour.

Whether the local authority actually has the resources to take any action is another story but it's important for Scottish landlords to be aware of the consequences of not dealing with antisocial tenants.

For more information or advice contact our experienced LetLaw team.