Modifications etc. (not altering text)
C1Sch. 5 modified (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 5(4) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2)); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)
Textual Amendments
F1Sch. 5 Pt. 2 heading substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(6)(c), 59(1)
The following conditions are fulfilled—
(a)the tenant has given a notice to quit which has expired; and
(b)the tenant has remained in possession of the whole or any part of the house; and
(c)proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and
(d)the tenant is not entitled to possession of the house by virtue of a new tenancy.