Part 7Housing: antisocial behaviour notices

Interpretation

81Interpretation of Part 7

1

In this Part—

  • “landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

  • “occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a building or part of a building permits another, by way of contract or otherwise, to occupy the building or, as the case may be, the part of it; but does not include a lease;

  • “relevant house” means, subject to subsection (2), any building or part of a building which—

    1. a

      is occupied as a dwelling under—

      1. i

        a tenancy; or

      2. ii

        an occupancy arrangement; and

    2. b

      does not fall within subsection (3).

2

If—

a

the same person is the landlord in relation to two or more relevant houses; and

b

those relevant houses share the same toilet, washing or cooking facilities,

then those relevant houses shall be deemed to be a single relevant house.

3

A building or part of a building falls within this subsection if—

a

it is owned by—

i

a local authority;

ii

a registered social landlord; or

iii

Scottish Homes;

b

it is used for the provision of—

i

a care home service (as defined in F2paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8));

ii

a school care accommodation service (as defined in F3paragraph 3 of that schedule);

F4iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

a secure accommodation service (as defined in F5paragraph 6 of that schedule);

F1v

an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8));

vi

a private psychiatric hospital (as defined in that section);

vii

an independent clinic (as defined in that section); or

viii

an independent medical agency (as defined in that section);

c

the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering; or

d

a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house.

4

For the purposes of this Part, a person engages in antisocial behaviour if the person—

a

acts in a manner that causes or is likely to cause alarm, distress, nuisance or annoyance; or

b

pursues a course of conduct that causes or is likely to cause alarm, distress, nuisance or annoyance,

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a relevant house.