Paragraph 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—

(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).

Notes on the whole Act

Textual amendments

F1: Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))

Notes on Schedule 2

Textual amendments

F1: Sch. 2 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(7), 24(2); S.S.I. 2025/400, reg. 2(b)

Commencement

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)

Notes on Part 1

Textual amendments

F1: Sch. 2 Pt. 1 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(8), 24(2); S.S.I. 2025/400, reg. 2(b)