SCHEDULE 2SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OF HOUSE

PART 1GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

7

1

The tenant (or any one of joint tenants), a person residing or lodging in the house with, or any subtenant of, the tenant, or a person visiting the house has—

a

acted in an anti-social manner in relation to a person residing in, visiting or otherwise engaged in lawful activity in the locality, or

b

pursued a course of conduct amounting to harassment of such a person, or a course of conduct which is otherwise anti-social conduct in relation to such a person,

and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.

2

In sub-paragraph (1)—

  • “anti-social”, 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,

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