SCHEDULE 6 S GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY

(introduced by section 34)

Commencement Information

I1 Sch. 6 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

Previous anti-social behaviour S

1 An order for recovery of possession has, within the period of 3 years preceding the date of service of the notice, been made against the prospective tenant (or any one of prospective joint tenants) in proceedings—

(a) under the Housing (Northern Ireland) Order 1983 (S.I.1983/1118) on ground 2 of Schedule 3,

(b) under the Housing Act 1985 (c.68), on ground 2 of Schedule 2,

(c) under the 1987 Act, on a ground set out in paragraph 2 or 7 of Schedule 3,

(d) under the 1988 Act, on ground 15 of Schedule 5,

(e) under the Housing Act 1988 (c.50), on ground 14 of Schedule 2,

(f) under this Act on a ground set out in paragraph 2 or 7 of schedule 2.

Anti-social behaviour order S

2 The prospective tenant (or any one of prospective joint tenants) or a person who it is proposed will reside with the prospective tenant is subject to an [F1 antisocial behaviour order—

(a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c. 46); or

(b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)].

Textual Amendments

F1 Words in sch. 6 para. 2 substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 6(3); S.S.I. 2004/420, art. 3, sch. 1

Temporary letting to person seeking accommodation S

3 The house is to be let expressly on a temporary basis to a person moving into the area in order to take up employment there, and for the purpose of enabling that person to seek accommodation in the area.

Temporary letting pending development S

4 (1) The house is to be let to a person expressly on a temporary basis, pending development affecting the house.

(2) In sub-paragraph (1), “development” has the same meaning as in section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8).

Accommodation for homeless persons S

5 The house is to be let to a person expressly on a temporary basis, for a period of not less than 6 months, in fulfilment of a duty imposed on a local authority by Part II (homeless persons) of the 1987 Act.

Accommodation for person requiring housing support services S

6 The house is to be let expressly on a temporary basis to a person requiring or in receipt of housing support services.

Accommodation in property not owned by landlord S

7 The house to be let is leased by the landlord from another body and the terms of the lease preclude the letting of the house by the landlord under a Scottish secure tenancy.