Antisocial behaviour is one of the most stressful situations a landlord can face. Noise complaints, disputes with neighbours, harassment, or worse, all landing on your desk with an expectation that you sort it out. In Scotland, doing nothing genuinely is not an option: landlords have a responsibility to take steps to deal with antisocial behaviour at the properties they let. Here is how to handle it properly, calmly, and within the rules.
At a glance
- Landlords in Scotland have a legal responsibility to act on antisocial behaviour at the properties they let.
- Not every complaint counts: the test is alarm, distress, nuisance or annoyance, usually with a genuine pattern.
- Start an evidence log straight away and tackle problems early, working with the council and the police.
- Eviction under Grounds 13 to 15 is possible, but the Tribunal decides whether it is reasonable.
What counts as antisocial behaviour?
Broadly, antisocial behaviour means behaving in a way that causes, or is likely to cause, alarm or distress, nuisance, or annoyance to someone in another household. That can cover excessive or persistent noise, abusive or threatening behaviour, harassment, vandalism, dog fouling, criminal behaviour such as drug dealing, or ongoing disputes with neighbours. It can be a single serious incident or a repeated course of conduct, and it can be caused by the tenant, by someone living with them, or by their visitors.
What does not count as antisocial behaviour?
It is just as important to know what does not count, because acting heavy-handedly on a weak complaint can create problems of its own. A one-off minor disagreement, the ordinary sounds of everyday living such as a baby crying or a washing machine running, children playing, or simply a clash of lifestyles between neighbours are generally not antisocial behaviour. The test comes back to whether the conduct causes, or is likely to cause, alarm, distress, nuisance or annoyance, and usually whether there is a genuine pattern rather than a single event. Being fair and measured here protects your tenant and you.
| Likely to count as antisocial behaviour | Generally does not count |
|---|---|
| Excessive or persistent noise | A one-off minor disagreement |
| Abusive or threatening behaviour | Ordinary sounds of everyday living, such as a baby crying |
| Harassment or vandalism | A washing machine running |
| Criminal behaviour such as drug dealing | Children playing |
| Ongoing disputes with neighbours | A clash of lifestyles between neighbours |
You have a duty to act
This is the part landlords often do not realise. Under Part 7 of the Antisocial Behaviour etc. (Scotland) Act 2004, if antisocial behaviour is happening at a property you let, the local authority can serve you, the landlord, with an Antisocial Behaviour Notice. This sets out actions you must take within a given time to deal with the problem.
The cost of doing nothing
If you fail to comply without a reasonable excuse, it is an offence, and the consequences are serious: a sheriff can make an order that no rent is payable for the property, and in some cases management can be taken over by the local council. Antisocial behaviour at your property can also affect your standing as a “fit and proper” person for landlord registration. So tackling any issues that are considered antisocial behaviour is not just about protecting your neighbours and your tenant, it is about protecting yourself.
Step 1: Take reports seriously and gather evidence
Take every complaint seriously, and start a written record straight away. Note dates, times, what happened, and who reported it. Speak to your tenant to hear their side. This log is not bureaucracy for its own sake, it is the evidence that will decide the matter if it ever reaches the Tribunal Service.
Step 2: Address it early
Most situations are best resolved before they escalate. Often a firm conversation or a written warning, reminding the tenant of the terms of their tenancy agreement (which will include an obligation not to behave antisocially), is enough. Mediation can be very effective, particularly for neighbour disputes. Work with the local council’s antisocial behaviour team, and where behaviour is criminal, such as threats, violence or drug dealing, contact the police. If you use one, your letting agent should be handling all of this on your behalf.
Step 3: If it continues, the eviction route
Where behaviour is serious or persistent and cannot be resolved, you can seek to end the tenancy and evict a tenant from your property. For a Private Residential Tenancy, the relevant grounds are:
- Ground 13 the tenant has a relevant criminal conviction.
- Ground 14 the tenant has behaved in an antisocial manner towards another person. This is the main antisocial behaviour ground.
- Ground 15 the tenant associates in the property with someone who has a relevant conviction or has behaved antisocially.
These are conduct grounds, so the notice period is 28 days. You serve a Notice to Leave setting out the ground and the reasons it applies.
28 daysnotice period for conduct grounds
Oct 2022since every eviction ground became discretionary
Monthstypically, from serving notice to regaining possession
The Tribunal decides
Since October 2022, every eviction ground in Scotland is discretionary. That means even with a valid ground, the First-tier Tribunal for Scotland (Housing and Property Chamber) decides whether it is reasonable to grant eviction, weighing the seriousness of the behaviour, the strength of your evidence, the impact on others, and the tenant’s circumstances. Well-documented evidence is what carries these cases. Be realistic about timescales, too: from serving notice to actually regaining possession, the eviction process normally takes several months.
Never take matters into your own hands
And you cannot take matters into your own hands. Only a Tribunal eviction order allows a tenant to be removed. Changing the locks or forcing someone out is a criminal offence.
What about ASBOs and other council powers?
Eviction is not the only route. Under the Antisocial Behaviour etc. (Scotland) Act 2004, the council and other bodies have their own powers, including applying to the court for an Antisocial Behaviour Order (ASBO) against an individual. In serious or criminal cases, Police Scotland and the council’s antisocial behaviour team may take action in parallel with anything you do as landlord, this could include imposing bail conditions preventing certain individuals from attending or entering the property. Reporting the behaviour to them is not passing the buck, it is part of dealing with it properly, and it strengthens your own evidence.
How to prevent antisocial behaviour
The best way to handle antisocial behaviour is to make it less likely in the first place. That starts before the tenancy: thorough tenant referencing, a clear tenancy agreement that spells out the obligation to respect neighbours, and a good landlord-tenant relationship so that small issues get raised and resolved early rather than festering. Prevention will never be perfect, but it removes a great many problems before they start.
Evidence is everything
It is worth repeating, because it is the difference between success and failure:
- Incident logs with dates and times
- Statements and complaints from neighbours
- Copies of warnings you have issued
- Correspondence with your tenant
- Police reference numbers where relevant
The Tribunal decides on evidence, so the landlord who has kept good records is the landlord who prevails.
Where to get help
Useful contacts
You do not have to navigate this alone. The Scottish Government’s mygov.scot has guidance for landlords dealing with antisocial behaviour, and the council’s antisocial behaviour team, Police Scotland, Citizens Advice and Victim Support Scotland can all help, whether you are the landlord or a neighbour affected by the behaviour.
How Western Lettings helps
This is exactly the kind of difficult situation we manage for our landlords. We take complaints seriously and act early, document everything properly, liaise with neighbours, the council and the police, issue formal warnings where needed, and manage the full process through to the Tribunal if it comes to that, handling a stressful situation calmly and correctly, and protecting you from the consequences of inaction.
If you are dealing with a difficult tenant, or simply want a managing agent who will handle these things for you, speak to one of our Glasgow lettings experts, or if you are considering becoming a private landlord, get an instant rental valuation to see what your property could achieve.
