Part 7

Housing: antisocial behaviour notices

Failure to comply with notice: sanctions

Failure to comply with notice: order as to rental income
71
1
If, on the application of the local authority that served an antisocial behaviour notice on a landlord under section 68(1), the sheriff is satisfied as to the matters mentioned in subsection (2), the sheriff may—
a
make an order that, with effect from the making of the order—
i
no rent be payable by any person who occupies the relevant house; and
ii
no other consideration be payable or exigible for occupation of the relevant house; and
b
make such incidental order as the sheriff considers necessary.
2
Those matters are—
a
that the landlord has not taken the action specified in the antisocial behaviour notice within the time so specified; and
b
that, having regard to all the circumstances relating to the relevant house, it would be reasonable for the landlord to take that action.
3
Where an order is made under subsection (1), the local authority shall give a copy of the order to the persons mentioned in subsection (4).
4
Those persons are—
a
if the local authority is aware of the name and address of a person who by virtue of a tenancy or an occupancy arrangement occupies the house to which the order relates, that person; and
b
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, that person.
5
Except as provided in an order under subsection (1), nothing in this Part affects the validity of any lease or occupancy arrangement by virtue of which a person has the use of a relevant house during the period when the order is in force.