Explanatory Notes

Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8

26 July 2004

Commentary on Sections

Part 7 - Housing: Antisocial Behaviour Notices

Section 74 – Failure to comply with notice: management control order

194.Section 74 provides for the sheriff to make, in like manner as for an order as to rental income under section 71, a management control order which transfers to the local authority for a period not exceeding 12 months the rights and obligations of the landlord under the tenancy or occupancy arrangements existing at the time of the order. Subsection (4) allows the local authority to recover from the landlord any sums that should have been paid to it in terms of the management control order but were instead paid to the landlord. The section also provides for the sheriff to make incidental orders, and gives effect to schedule 3.