Antisocial Behaviour Eviction Scotland: Ground 14 Notice to Leave

Ground 14 of the Private Housing (Tenancies) (Scotland) Act 2016 covers antisocial behaviour — when a tenant or anyone visiting the property has acted in a way that causes or is likely to cause alarm, distress, nuisance, or annoyance to another person. It's the ground landlords turn to when a tenancy has become unworkable because of conduct, not arrears.

But "antisocial behaviour" is broad, and the tribunal expects specific, documented evidence — not a general complaint that the tenant is difficult.

What Counts as Antisocial Behaviour

The statutory test is whether the tenant (or a person visiting or residing in the property) has behaved in an antisocial manner in relation to another person. This covers:

• Persistent noise disturbance — loud music, shouting, parties at unsociable hours
• Threatening or abusive behaviour toward neighbours
• Property damage
• Drug use or dealing at the property
• Harassment or intimidation
• Violence or threats of violence

A single incident can be enough if it's serious, but the tribunal is more likely to act on a pattern of repeated behaviour.

Evidence Is Everything

Ground 14 cases live or die on documentation. The tribunal expects robust documentary evidence alongside the application. You need:

• Incident logs — dates, times, what happened, who was affected, who witnessed it
• Police incident numbers — if police attended, get the reference number for each call
• ASB warning notices — written warnings you or the council issued to the tenant
• Witness statements — written accounts from neighbours or other affected parties, signed and dated
• Council or housing association records — if the local authority has been involved in ASB complaints

Start documenting from the first incident. The longer and more detailed your log, the stronger your case.

Ground 15: The Association Ground

Ground 15 is related — it applies when the tenant associates in the property with someone who has a relevant criminal conviction or a documented antisocial behaviour record. If the antisocial behaviour is coming from a visitor rather than the tenant, Ground 15 may apply alongside or instead of Ground 14.

Evidence for Ground 15 includes court conviction records, police reports, and evidence linking the person to the property.

The Notice Period

Ground 14 carries a 28-day notice period regardless of how long the tenancy has run. This is the same for all conduct, breach, and regulatory grounds (10–18).

Generate the notice on mygov.scot, cite Ground 14 (and Ground 15 if applicable), and set out the specific incidents in Part 3 of the form. Vague statements like "the tenant has been antisocial" won't hold up — describe what happened, when, and to whom.

The Tribunal Hearing

Like every ground since the 2022 Act, Ground 14 is discretionary. The tribunal considers:

• The severity and frequency of the behaviour
• Its impact on neighbours and the community
• Whether the tenant has taken steps to address it
• The tenant's personal circumstances (mental health, domestic situation, children)
• Whether alternative interventions (mediation, council ASB orders) have been tried

The tribunal balances the affected parties' right to peaceful enjoyment against the tenant's right to housing. A well-documented pattern of serious behaviour that persists despite warnings carries more weight than isolated incidents.

Practical Steps

1. Document every incident from the start — dates, times, details, witnesses
2. Report to police where appropriate and record incident numbers
3. Issue written warnings to the tenant
4. If the council has an antisocial behaviour team, involve them
5. Once you have sufficient evidence, serve the notice to leave citing Ground 14
6. If the tenant doesn't leave, apply to the tribunal with Form E and your full evidence bundle

The Notice to Leave in Scotland guide covers the Ground 14 evidence requirements and walks through building a tribunal-ready case file.

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