Housing (Scotland) Act 2001

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 [F1 or an eviction order] has, within the period of 3 years preceding the date of service of the notice, been made [F2 or 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

F1 Words 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.

F2 Words 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.

F3 Sch. 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 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 [F4 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

F4 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

Other antisocial behaviour S

[F5 2A (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

F5 Sch. 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)

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 in receipt of housing support S

[F6 6 The 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

F6 Sch. 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)

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.

Temporary letting where other property owned S

[F7 7A (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

F7 Sch. 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)