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REF 99 - Anti-social behaviour for farm tenants

Request

Ask you for information on your policy on dealing with antisocial behaviour of tenants

Response

We consider that your request is a request for information under section 1 of the Freedom of Information (Scotland) Act 2002 (“FOISA”). To the extent that the information contained within the scope of the request is environmental information as defined in regulation 2 of the Environmental Information (Scotland) Regulations 2004 (“EIRs”), we also consider that your request falls under the EIRs. We have therefore applied the exemption contained in section 39(2) of FOISA and will deal with your request for environmental information under the EIRs alone.

Crown Estate Scotland does not have a policy relating to antisocial behaviour with regards to agricultural tenancy. We don’t have a policy because antisocial behaviour legislation provisions do not apply to farm tenancies. The exceptions being (i) where there is a sub-let by the farmer of a farm cottage, or (ii) where the antisocial behaviour is caused by the agricultural tenant and it is carried out in the immediate vicinity of the tenanted farmhouse. Exception 10(4)(a) (no information held) of EIRs applies to your request.