Scotland Ground 14 - Antisocial Behaviour Eviction Guide

You are setting up a new tenancy and you do not want to rely on an old template. This guide explains which agreement you need and what to sort before the tenant moves in.

What Is Ground 14?

Ground 14 of Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016 applies when the tenant, someone living with them, or a visitor "has engaged in relevant antisocial behaviour."

New tenancy

Setting up a tenancy? Choose the right agreement

If the next job is getting the tenancy in place, choose the agreement route that matches the property and arrangement now.

• Choose the right England agreement route for the tenancy you are setting up.
• Avoid old wording that causes problems later.
• Preview it before you pay.

Create my tenancy agreement

This is a discretionary ground. The Tribunal will consider all circumstances and decide if eviction is reasonable.

Who Can Be Responsible?

• The tenant themselves
• Members of the tenant's household
• Visitors to the property

The tenant doesn't have to personally commit the behaviour. They can be evicted for the actions of people they allow into the property.

Defining Antisocial Behaviour

"Antisocial behaviour" under the legislation means behaviour that causes or is likely to cause alarm, distress, nuisance, or annoyance to others.

Examples of Antisocial Behaviour

• Noise: Loud music, parties, shouting at unsociable hours
• Harassment: Threatening or intimidating neighbours
• Violence: Assaults or threats of violence
• Vandalism: Damage to common areas or neighbours' property
• Drug activity: Drug dealing or use causing problems
• Drunken behaviour: Regular disturbances when intoxicated
• Verbal abuse: Offensive language, insults, discrimination
• Environmental: Rubbish, smells, pests affecting neighbours

Evidence Required

Building Your Case

• Incident log: Dates, times, descriptions of each incident
• Witness statements: Signed statements from neighbours
• Police reports: If police were called, get incident numbers
• Council records: Environmental health complaints, noise reports
• Photos/videos: Evidence of damage, mess, or behaviour (where legal)
• Correspondence: Complaints from neighbours, warnings you sent

Keeping an Incident Log

For each incident, record:

• Date and time
• What happened
• Who was involved
• How long it lasted
• Who witnessed it
• What impact it had
• Any action taken (police called, etc.)

Notice Requirements

Notice Period

For Ground 14, the notice period is 28 days regardless of how long the tenant has been in the property.

Notice Content

Your Notice to Leave should:

• Use the prescribed form
• Tick Ground 14 as the eviction ground
• Describe the antisocial behaviour
• Be served correctly on the tenant

Prior Warnings

While not strictly required, written warnings to the tenant about the behaviour strengthen your case. They show you gave opportunity to change.

Tribunal Process

Application

After the notice expires, apply with:

• Application form
• Notice to Leave and proof of service
• Tenancy agreement
• Detailed incident log
• Witness statements
• Any police or council records
• Your warning letters and tenant responses

At the Hearing

The Tribunal will consider:

1. Did antisocial behaviour occur?
2. Was the tenant responsible (directly or indirectly)?
3. What was the impact on others?
4. Did the landlord warn the tenant?
5. Is eviction reasonable in all circumstances?

Reasonableness Factors

The Tribunal weighs many factors:

Favouring Eviction

• Persistent, repeated incidents
• Serious behaviour (violence, threats)
• Clear impact on neighbours' wellbeing
• Tenant ignored warnings
• Behaviour continues despite intervention

Against Eviction

• Isolated incident(s)
• Behaviour has stopped
• Tenant took steps to address it
• Tenant's vulnerability or health issues
• Impact on tenant's family (children)

Ground 14 FAQ