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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14646
Experience:  30 years as a practising solicitor.
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Do Scottish Councils have a duty of care towards their

Customer Question

Do Scottish Councils have a duty of care towards their tenants?
JA: Where are they? It matters because laws vary by location.
Customer: Inverness Highlands. I live in a terraced council house my neighbour is an owner occupier. I have a legal right to go through his garden to get to my back garden. He is verbally abusive and threatening when I attempt to do this. Council claim it's not there problem, it's a civil matter
JA: What steps has your neighbor taken so far?
Customer: Putting a bungee cord, which is laced with barbed wire,across the double gates forcing me to use the small gate, which I am not allowed to do. He has complained to the council but will not remove the bungee. Also verbal abuse calling me a "f**king c**t, f**king hoore " trying to block my path with his body. Coming into my garden when I'm not there and throwing things about.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How can I legally exercise my right to go through his garden in a peaceful manner without being threatened or abused. He does have a history of violence. I've put up with this for ten years. I fear he may well attack me.i try not to go through when he is at home
Submitted: 16 days ago.
Category: Scots Law
Expert:  Nicola-mod replied 16 days ago.
Hello,

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I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  JGM replied 16 days ago.

Thanks for your question. I am a solicitor in Scotland. The council is only partially right here. You are entitled to see a solicitor and get to civil court order against this person. To that extent this is a civil matter. However you would also be entitled to approach the councils antisocial behaviour unit and they would be entitled to take action in conjunction with the police. You will have heard of an ASBO and that is what I am referring to. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.