Part 7

Housing: antisocial behaviour notices

Interpretation

Interpretation of Part 7
81
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. is occupied as a dwelling under—
    1. a tenancy; or
    2. an occupancy arrangement; and
  2. 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 subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8));
ii
a school care accommodation service (as defined in subsection (4) of that section);
iii
an independent health care service (as defined in subsection (5) of that section); or
iv
a secure accommodation service (as defined in subsection (9) of 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.