Tuesday, 21 October 2014

Scottish council seizes control of properties in first use of legal power

A Scottish council has seized control of properties notorious for anti-social behaviour, in the first use legal powers to combat nuisance behaviour.

Edinburgh Council won a court order last week granting them a management control order of two Grove Street flats for a year.

The ‘party flats’ were found to be used as venues rented out to stag and hen parties for weekend breaks in the city.

The MCO gives the council ‘the rights and obligations of a landlord’ over the properties.

It is the first use of the legal power, which has been available to Scottish councils since 2006, and the council remains in legal discussions about exactly what responsibilities they will assume.

A spokesperson for the council said the power may be used more widely, both in Edinburgh and across Scotland, if it is successful at Grove Road.  

Cammy Day, the council’s community safety leader, said: ‘I hope [the decision] sends out a clear message to landlords that we will not tolerate anti-social behaviour and will take decisive action against those who make people’s lives a misery.

‘We have consistently tried to work with the landlord to reach an amicable solution but he has not been co-operative. This is the first time that a management control order has been granted in Scotland and now means we are the landlords of the two properties.’

Related images

Readers' comments (6)

  • The Doc

    It’s a good idea and will hopefully bring relief to those living within earshot of the properties.

    One thing though. If the landlord has been decidedly un-cooperative how about putting into law the ability to either remove such a person from being the 'active' landlord of a property. Force them, by law, to go through an Agent who will manage the property and can then, as part of the contract, ‘have’ to comply with orders from the Local Authority.

    Or, buy the property/s with a type of compulsory purchase order, and the L.A. can rent it out themselves.

    Get a portfolio of these and the L.A. can earn itself a wee bit of extra revenue ‘and’ control noisy neighbours.

    Maybe an idea for south of the border as well?

    Unsuitable or offensive? Report this comment

  • Melvin Bone

    If the council is now liable for the rent the landlord has not really suffered...

    Unsuitable or offensive? Report this comment

  • Great idea, and the loss of income for the property owners acts as a real deterrent for other landlords not taking their responsibility as seriously as their profit.

    Unsuitable or offensive? Report this comment

  • With the council taking control of the propety their management fees and possibly using the remander of the rent money for repairs to bring the property up to the repairing standard there would be very little left for the landlord

    Unsuitable or offensive? Report this comment

  • Firstly, this is NOT at landlord. This is someone who is effectively running a Holiday Home.

    No doubt helping the local economy by providing accommodation to those who want to come to visit Edinburgh's for their stag do. These visitors spend money in restaurants, pubs, bars and clubs. But rather then making the people responsible for their action, it is this 'alleged' landlord who is told it is your fault. May be the council should take over pubs and bars as responsible for selling the booze to these party people.

    I don't want to defend this 'alleged' landlord (as it is not a rental property, but a holiday home). I believe Edinburgh council are just as wrong in its attitude. It does get to the heart of the matter, which is marking the people who cause ASB responsible for their own actions.

    Unsuitable or offensive? Report this comment

  • Melvin Bone

    The irony being that the tourist board actively promoted Edinburgh as a stag and hen location...

    Unsuitable or offensive? Report this comment

Have your say

You must sign in to make a comment

sign in register



  • A clause for concern


    Social landlords will no longer be able to use injunctions to enforce tenancy agreements

  • Plants rather than spikes

    10 June 2014

    Plant pots or spikes – how would you choose to tackle rough sleeping? asks Mark McPherson

  • People power of landlord energy companies


    Social landlords are stepping up the fight against fuel poverty by setting up their own energy companies in competition with the traditional energy giants.

  • The family man


    Wandsworth’s family recovery project has been praised by government ministers. Council leader Ravi Govindia tells Caroline Thorpe that the authority’s approach is all about keeping communities safe

  • Strength in numbers


    In a UK first, 30 Greater Manchester housing associations are joining forces with police to fight crime and reduce anti-social behaviour. Helen Clifton reports


  • Reaching crisis point


    Tenants on the verge of eviction are being helped to remain in their homes by a recently formed social enterprise that is saving their landlords significant sums in the process. Daniel Douglas finds out how

  • Room for procurement savings


    Scotland’s social housing sector is still dogged by the spectre of unnecessary procurement costs but it could save up to £42 million per year

  • Home sweet home


    Viridian Housing is training its staff to recognise signs of domestic abuse and to support affected tenants. Kate Youde finds out how

  • Bringing a post office back into the community


    Much to the delight of the local people, Scottish Borders Housing Association has opened a Post Office at its headquarters in Bannerfield, the first ever branch outside a retail unit. Maria Brett reports on the initiative

  • Fighting back


    As the private rented sector continues to grow, so does the number of problematic landlords. Michael Pooler finds out how tenants are taking matters into their own hands to fight for better conditions

IH Subscription



From Thursday 23 October 2014 you will need to sign into www.insidehousing.co.uk using your email address rather than your username.

If you are unsure which email address is linked to your account, please Click Here. Your password will remain the same.

If you have a print subscription we need to ensure that we have the correct details in order to link your subscription to your online account, for more information Click Here.

Click here to close window