Housing (Scotland) Act 1988
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Change 1
38 Further offence of harassment.
(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”. (2) After that subsection there shall be inserted the following subsections— (2A) Subject to subsection (2B) below the landlord of any premises or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (2B) A person shall not be guilty of an offence under subsection (2A) above . . . if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. .
38 Further offence of harassment.
(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”. (2) After that subsection there shall be inserted the following subsections— (2A) Subject to subsection (2B) below the landlord of any premises or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (2B) A person shall not be guilty of an offence under subsection (2A) above . . . if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. .
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