Does granting an ASBO affect housing status?
A. Yes the granting of an ASBO can affect a tenancy as the following case illustrates: Miss K was the secure tenant of a council house in Paisley, and resided there with her twin sons, Jamie and Kenneth E and her young daughter. Renfrewshire Council obtained Anti-Social Behaviour Orders against Jamie and Kenneth E. As a result of these Orders being granted by Paisley Sheriff Court, Miss K’s secure tenancy was converted to a Scottish Short Secure Tenancy in terms of Section 35 and Schedule 6 of the Housing (Scotland) Act 2001 with effect from 28th October 2003. As a tenant under a Scottish Short Secure Tenancy Miss K had only limited security of tenure. She could not purchase the house nor could anyone succeed to this tenancy following her death. Miss K was served with Notices, namely a Notice to Quit and a Notice of Proceedings for Recovery of Possession bringing her tenancy to an end, with effect from 28th October 2004. Miss K instructed solicitors, who wrote on her behalf asking the
