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

Provision of information to landlords and agents

23. In order to encourage or require a landlord to address a specific problem of antisocial behaviour the local authority will clearly need to give the landlord enough of any information it holds about the behaviour to allow the landlord to take reasonable steps. This may include information about the person concerned which is not directly about the behaviour but is relevant to deciding the best steps to take. The local authority will have to consider carefully what information it can provide without on the one hand breaching its obligations under data protection legislation or on the other hand putting the landlord in a dangerous or difficult situation through lack of knowledge.

24. It may on occasion be appropriate for the local authority to give advice to the landlord on action to take without specifically revealing the information on which its advice is based. If so it should explain to the landlord why it is not providing full information. In such a situation a successful outcome is most likely if the local authority and the landlord both perceive the tenant's behaviour as a problem for them and are prepared to work together. Effort spent in building up such a relationship may allow a sustainable solution to the particular case and encourage a change of the landlord's attitude towards other cases.