Short Scottish Secure Tenancies for antisocial behaviour and miscellaneous changes: statutory guidance for social landlords

3. When A Short SST On ‘Other Antisocial Behaviour’ Grounds Can Be Used

Short Scottish Secure Tenancy (Short SST) on Antisocial Behaviour Grounds for New Tenants

3.1 Section 7(4) of the 2014 Act inserts a new ground for granting a short SST on antisocial behaviour grounds into schedule 6 of the 2001 Act. This ground is as follows:

“Other antisocial behaviour
2A(1) A person mentioned in sub-paragraph (2) has, within the period of 3 years preceding the date of service of the notice –
(a) acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, or
(b) pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.

(2) The persons are –
(a) the prospective tenant,
(b) any one of prospective joint tenants,
(c) a person visiting a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, and
(d) a person who it is proposed will reside with the prospective tenant.

(3) In sub-paragraph (1) –
“antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
“conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and
“harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).”

3.2 This means that where a prospective tenant, any one of prospective joint tenants, any visitors to their current accommodation, or anyone who is likely to live with them in their new property, has within the last 3 years, behaved antisocially towards anyone living in, visiting or going about their normal everyday activities in the locality of a house (occupied by the prospective tenant or by a person who it is proposed will live with the prospective tenant), or has harassed such a person on more than one occasion, landlords can consider offering a short SST for antisocial behaviour under the new ‘other antisocial behaviour’ ground.

Conversion of an Existing Scottish Secure Tenancy (SST) to a Short Scottish Secure Tenancy (Short SST) on Antisocial Behaviour Grounds

3.3 Section 7(2) of the 2014 Act inserts a new section 35(2) into the 2001 Act to extend the circumstances in which a landlord can serve a notice on a tenant converting an SST to a short SST, as follows:

(a) for subsection (2) substitute –
“(2) The landlord may serve a notice under subsection (3) only where –
(a) the tenant (or any one of joint tenants) or a person residing or lodging with, or a subtenant of, the tenant is subject to an antisocial behaviour order under –
(i) section 234AA of the Criminal Procedure (Scotland) Act 1995 (c.46), or
(ii) section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), or
(b) the tenant (or any one of joint tenants), a person residing or lodging with, or a subtenant of, the tenant, or a person visiting the house has, within the period of 3 years preceding the date of service of the notice –
(i) acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the person, or
(ii) pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.

3.4 New section 35(2)(b) means that where a tenant, any one of joint tenants, a person living with or lodging with the tenant, a subtenant of the tenant or any visitors to the house, has within the last 3 years behaved antisocially towards anyone living in, visiting or going about their normal everyday activities in the locality of a house occupied by the person, or has harassed such a person on more than one occasion, landlords can consider offering a short SST for antisocial behaviour under the new ‘other antisocial behaviour’ ground.

3.5 Before deciding whether to use the provisions at section 35(2)(b) above, landlords will need to carefully consider the nature and extent of the antisocial behaviour. Section 7(7) of the 2014 Act provides definitions as follows:

“Antisocial” in relation to an action or course of conduct, means causing, or likely to cause alarm, distress, nuisance or annoyance,

“Conduct” includes speech, and a course of conduct must include conduct on at least two occasions, and

“Harassment” is to be read in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

3.6 Landlords are required to serve a notice on the tenant stating the reasons for converting their tenancy to a short SST (Section 6 of this guidance refers), and should also consider the range of other factors set out in Section 4 of this guidance.