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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

68Antisocial behaviour notices

This section has no associated Explanatory Notes

(1)Where it appears to a local authority that either person mentioned in subsection (2) is engaging in antisocial behaviour at, or in the locality of, a relevant house situated within the authority’s area, the authority may serve an antisocial behaviour notice on the landlord of the relevant house.

(2)Those persons are—

(a)any person who, by virtue of a tenancy or an occupancy arrangement, occupies the relevant house mentioned in subsection (1); and

(b)any visitor for the time being in that house.

(3)An antisocial behaviour notice is a notice—

(a)describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates by either of the persons mentioned in subsection (2);

(b)requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with the antisocial behaviour as may be so specified;

(c)stating the consequences of failure to take, within that period, the action so specified; and

(d)informing the landlord of the right to request a review under section 69(1).

(4)If the local authority is aware of the name and address of a person who acts for the landlord as respects the tenancy or occupancy arrangement relating to the relevant house, the authority shall, in addition to serving a notice on the landlord under subsection (1), give a copy of the notice to the person.

(5)If—

(a)the local authority is unable to identify the landlord, it may serve the notice under subsection (1) by publishing it in two or more newspapers (of which one shall, if practicable, be a local newspaper) circulating in the locality of the relevant house;

(b)the local authority is aware of the landlord’s identity but is unable to ascertain the landlord’s current address, it may serve the notice under that subsection by serving it on the landlord—

(i)at the relevant house; and

(ii)if it is aware of a previous address of the landlord, at that address.

(6)For the purpose of applying this Part in relation to relevant houses which are used for holiday purposes, the Scottish Ministers may by order make such modifications of the Part as they consider necessary or expedient.

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