Antisocial Behaviour etc. (Scotland) Act 2004: Part 7 - Antisocial Behaviour Notices: Guidance for Local Authorities

Powers for addressing antisocial behaviour

4. Part 7 of the Antisocial Behaviour etc. (Scotland) Act 2004 ("the 2004 Act") provides powers for a local authority to act against a private landlord in connection with antisocial behaviour by the tenant of a house let by the landlord or by another occupant or visitor to the house. The key power is the issue of an antisocial behaviour notice ( ASBN) requiring the landlord to take specified management actions in relation to the tenancy. The power becomes available from 30 April 2006.

5. The local authority's prime focus is the behaviour of the antisocial person. The ASBN is intended to be another 'tool' for addressing that antisocial behaviour by bringing the proper influence of the landlord to bear on the tenant's behaviour or, through the tenant, on an occupant's or visitor's behaviour. It is in addition to other action that the authority takes to challenge the antisocial person's behaviour directly, whether through an antisocial behaviour order ( ASBO) or other means.

6. The powers are separate from but sit alongside the registration provisions in Part 8 of the 2004 Act. In some situations the use of either power could be equally effective. It is for the local authority to decide the more appropriate route in a given case, in consultation as necessary with other partners such as the police.