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

Tenant's position

51. Where a local authority uses its antisocial behaviour notice powers, the tenant will have contributed to the situation either as the person who is behaving antisocially or by failing to control the behaviour of other occupants or visitors. This will clearly have an influence on the tenant's position and the local authority's view of it. However, it should be borne in mind that people can be caught up in events that are outwith their control and could potentially lose their home.

52. For example, a tenant may genuinely be unable to control a family member or visitors and may need help to handle the situation. This is likely to come to light in dealing with the antisocial behaviour itself and may, for example, result in caseworker support for the family. In such a situation the use of an ASBN against the landlord may precipitate eviction for that tenant and other family members when perhaps more specific action against the antisocial person would resolve the situation without making the rest of the family homeless. This is just one hypothetical example but it emphasises the point made in paragraph 51 above that the use of an ASBN should be considered in context, consulting other relevant agencies both within and outside the authority.

53. Where an ASBN is issued and the landlord does not comply, the decision about appropriate penalties should also be considered carefully in the light of the tenant's position. In particular, where the tenant is paying rent ( i.e. is not on full Housing Benefit) an application for a rent payable order might well be inappropriate because it could be seen as a direct reward to the tenant for being antisocial. But this may not always be the conclusion; it may be more important to stem a particular landlord's rent income in order to achieve a change. The financial effect of a rent payable order should be neutral for a tenant on full Housing Benefit so this issue should not arise in that situation.