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Housing (Scotland) Act 2001
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- SCHEDULE 6
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Changes over time for: SCHEDULE 6
Version Superseded: 01/05/2019
Alternative versions:
- 30/09/2002- Amendment
- 28/10/2004- Amendment
- 01/12/2017- Amendment
- 01/12/2017
Point in time - 01/05/2019- Amendment
Status:
Point in time view as at 01/12/2017.
Changes to legislation:
Housing (Scotland) Act 2001,
SCHEDULE 6 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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SCHEDULE 6S GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY
(introduced by section 34)
This schedule has no associated Explanatory Notes
Commencement Information
I1Sch. 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 behaviourS
1An order for recovery of possession [F1or an eviction order] has, within the period of 3 years preceding the date of service of the notice, been made [F2or issued] 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.
[F3(g)under the 2016 Act on the ground—
(i)that the tenant has a relevant conviction,
(ii)that the tenant has engaged in relevant anti-social behaviour, or
(iii)that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.]
Textual Amendments
F1Words in sch. 6 para. 1 inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 7(6)(a); S.S.I. 2017/346, reg. 2, sch.
F2Words in sch. 6 para. 1 inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 7(6)(b); S.S.I. 2017/346, reg. 2, sch.
F3Sch. 6 para. 1(g) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 7(6)(c); S.S.I. 2017/346, reg. 2, sch.
Anti-social behaviour orderS
2The 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 [F4antisocial 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
F4Words 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 accommodationS
3The 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 developmentS
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 personsS
5The 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 servicesS
6The 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 landlordS
7The 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.
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