Housing (Scotland) Act 2001 (asp 10)

SCHEDULE 2 S SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OF HOUSE

Commencement Information

I1 Sch. 2 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

PART 1 S GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

7 (1) The tenant (or any one of joint tenants), a person residing or lodging in the house with, or any subtenant of, the tenant, or a person visiting the house has— S

(a) acted in an anti-social manner in relation to a person residing in, visiting or otherwise engaged in lawful activity in the locality, or

(b) pursued a course of conduct amounting to harassment of such a person, or a course of conduct which is otherwise anti-social conduct in relation to such a person,

and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.

(2) In sub-paragraph (1)—

• “anti-social”, 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,

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