- Latest available (Revised)
- Original (As enacted)
Housing (Scotland) Act 2001,
SCHEDULE 6 is up to date with all changes known to be in force on or before 01 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(introduced by section 34)
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)
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.
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
[F52A(1)A person mentioned in sub-paragraph (2) has, within the period of 3 years preceding the date of service of the notice—
(a)acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, or
(b)pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.
(2)The persons are—
(a)the prospective tenant,
(b)any one of prospective joint tenants,
(c)a person visiting a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, and
(d)a person who it is proposed will reside with the prospective tenant.
(3)In sub-paragraph (1)—
“antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
“conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and
“harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).]
Textual Amendments
F5Sch. 6 para. 2A and cross-heading inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(4)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
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.
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).
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.
[F66The house is to be let expressly on a temporary basis to a person—
(a)to whom no other paragraph of this schedule applies, and
(b)who is in receipt of a housing support service.]
Textual Amendments
F6Sch. 6 para. 6 and cross-heading substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(4)(b), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
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.
[F77A(1)The house is to be let expressly on a temporary basis to a person pending the making of arrangements in relation to a property mentioned in sub-paragraph (2) which will allow the person's housing needs to be met.
(2)The property is heritable property owned by the person or a person who it is proposed will reside with that person.]
Textual Amendments
F7Sch. 6 para. 7A and cross-heading inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 8, 104(3); S.S.I. 2018/153, art. 2, sch. (with art. 9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: