Housing (Scotland) Act 2001

36 Recovery of possession S

(1) The landlord under a short Scottish secure tenancy may raise proceedings by way of summary cause for recovery of possession of the house which is the subject of the tenancy.

(2) Such proceedings may not be raised unless—

(a) the landlord has served on the tenant a notice complying with subsection (3),

(b) the proceedings are raised on or after the date specified in the notice, and

(c) the notice is in force at the time when the proceedings are raised.

(3) A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must—

(a) state that the landlord requires possession of the house,

(b) specify a date, not earlier than—

(i) 2 months, or such longer period as the tenancy agreement may provide, from the date of service of the notice, or

(ii) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a short Scottish secure tenancy,

whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

(4) A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (3)(b) or when it is withdrawn by the landlord, whichever is earlier.

(5) The court must make an order for recovery of possession if it appears to the court that—

(a) the tenancy has reached the ish referred to in section 34(5),

(b) tacit relocation is not operating,

(c) no further contractual tenancy (whether or not a short Scottish secure tenancy) is in existence, and

(d) subsection (2) has been complied with.

(6) An order under subsection (5) must appoint a date for recovery of possession and has the effect of—

(a) terminating the tenancy, and

(b) giving the landlord the right to recover possession of the house,

at that date.

[F1 (6A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

(6B) Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).]

(7) This section is without prejudice to sections 14 and 16.

Textual Amendments

F1 S. 36(6A)(6B) inserted (2.10.2008 for specified purposes) by Homelessness etc. (Scotland) Act 2003 (asp 10), s. 14(1), sch. para. 4(3); S.S.I. 2008/313, art. 2(a)

Commencement Information

I1 S. 36 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)