Anti-social behaviour (ASB) can severely impact the quality of life in rented properties, whether it originates from fellow tenants, neighbours, or affects neighbours. Understanding how to address it within the Scottish private renting framework is important for both tenants experiencing it and landlords managing it.
What Constitutes ASB? It includes behaviour causing alarm or distress, such as excessive noise, intimidation, harassment, vandalism, or drug-related activity linked to the property.
Tenant Experiencing ASB (from neighbours/other tenants):
- Keep Records: Note dates, times, nature of incidents, and any witnesses.
- Speak to Neighbour (If Safe): Sometimes a polite conversation can resolve minor issues like occasional noise. Judge the situation carefully.
- Inform Your Landlord/Agent: Report the ASB to your landlord or letting agent in writing. They have responsibilities regarding the tenancy agreement.
- Contact Local Council: Councils often have dedicated ASB teams who can investigate and take action.
- Contact Police Scotland: If the behaviour is criminal (e.g., threats, violence, drug dealing, vandalism), report it to the police immediately.
Landlord Dealing with ASB (Caused by Your Tenant):
- Investigate Complaints: Take complaints (from neighbours or other tenants) seriously. Gather evidence.
- Communicate with Your Tenant: Discuss the reported behaviour with your tenant. Remind them of their responsibilities under the Private Residential Tenancy (PRT) agreement – most agreements (including Legalmaster's standard PRT) include clauses prohibiting ASB.
- Issue Warnings: Formal written warnings may be necessary.
- Liaise with Council/Police: Work with authorities if they are involved.
- Eviction (Last Resort): If the ASB persists and is serious, it can be one of the legal grounds for eviction under a PRT. You must follow the strict legal process, including serving the correct Notice to Leave, specifying the ground(s), and potentially applying to the Tribunal for an eviction order. Having a clear PRT agreement defining tenant responsibilities strengthens your case.
Dealing with ASB requires clear communication, evidence gathering, and understanding the correct procedures. Whether you're a tenant suffering from it or a landlord needing to tackle it, acting appropriately and often involving relevant authorities is key.
