Housing (Scotland) Act 2001

Other antisocial behaviour S

[F1 2A (1) A person mentioned in sub-paragraph (2) has, within the period of 3 years preceding the date of service of the notice—

(a) acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, or

(b) pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.

(2) The persons are—

(a) the prospective tenant,

(b) any one of prospective joint tenants,

(c) a person visiting a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, and

(d) a person who it is proposed will reside with the prospective tenant.

(3) In sub-paragraph (1)—

• “antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,

• “conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and

• “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).]

Textual Amendments

F1 Sch. 6 para. 2A and cross-heading inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(4)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)