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

Monitoring compliance and applying sanctions

44. After making an ASBN the local authority will not be able to follow up formally on the notice until the period for complying with it has expired. This should not prevent it monitoring the situation and contacting the landlord to give further advice and assistance as appropriate.

45. If after the period specified in the ASBN the landlord has not taken the actions required by the notice, the local authority may choose to pursue sanctions. It may on its own initiative recover expenses from the landlord in connection with actions it has had to take as a result of the landlord's inaction. It may apply to the sheriff for an order as to rent payable or for a management control order. It may refer the case to the Procurator Fiscal for prosecution since non-compliance is a criminal offence and may be subject to a fine up to level 5 on the standard scale (currently £5,000). Any combination of these sanctions can be pursued except that it would not be appropriate to apply for both a rent payable order and a management control order for the same breach.

46. The primary aim is to stop the antisocial behaviour and the local authority's decision on whether and when to apply sanctions or give further advice and assistance should have that aim. It may also be an aim to change the landlord's approach to the letting, through the deterrent effect of sanctions, in order to prevent a recurrence of similar problems once the present one has been dealt with, or to help to improve the situation in relation to other lettings by the landlord.

47. The detailed arrangements for pursuing sanctions and their implications are set out in Annex2. These should be considered carefully before deciding how to proceed in a particular case.