§ Mr. McMasterTo ask the Secretary of State for Scotland what powers are available to(a) local authority housing departments, (b) Scottish Homes, (c) housing associations, (d) housing co-operatives, (e) private sector landlords and (f) owner-occupiers to deal with anti-social behaviour by neighbours; and if he will make a statement.
§ Lord James Douglas-HamiltonIn many cases, anti-social behaviour by neighbours will amount to nuisance. Local authorities, Scottish Homes, housing associations and housing co-operatives have powers under section 47 of, and part I of schedule 3 to, the Housing (Scotland) Act 1987 to raise proceedings for the recovery of possession of one of their houses including where a tenant, or any one of joint tenants, or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in, or in the vicinity of, the house which is a nuisance or causing an annoyance to others. Recovery of possession can also he granted where a tenant has been convicted of using the house, or allowing it to be used, for immoral or illegal purposes.
Local authorities also have powers under section 58 of the Control of Pollution Act 1974 to deal with noise from premises which they consider amounts to a nuisance. In this case, noise also includes vibration.
Private sector landlords have powers to raise proceedings to recover possession of their houses under section I I of, and schedule 2 to, the Rent (Scotland) Act 1984 and section 18 of, and schedule 5 to, the Housing (Scotland) Act 1988. Private sector leases may also contain a condition under which the tenant agrees not to
(a) £0––1.000 (b) £1,001–£2.000 (c) £2,001–£3,000 (d) £3,001–£4.000 (e) £4,001–£5,000 (f) £5,001 and over Shetlands Islands — — 1 1 — 7 Cairngorms Straths — — 1 — — 9 Argyll Islands — — — — — 13