10(1)It is an eviction ground that the tenant is not occupying the let property as the tenant's home.S
(2)The First-tier Tribunal [F1may] find that the ground named by sub-paragraph (1) applies if—
(a)the let property is not being occupied as the only or principal home of—
(i)the tenant, or
(ii)a person to whom a sub-tenancy of the let property has been lawfully granted, F2...
(b)the property's not being so occupied is not attributable to a breach of the landlord's duties under Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 [F3, and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]
(3)In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3).
Textual Amendments
F1Word in sch. 3 para. 10(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(i), 59(1) (with s. 48(1))
F2Word in sch. 3 para. 10(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(ii), 59(1) (with s. 48(1))
F3Sch. 3 para. 10(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(iii), 59(1) (with s. 48(1))
Commencement Information
I1Sch. 3 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.