Substantial rent arrearsS
[F112A(1)It is an eviction ground that the tenant has substantial rent arrears.
(2)The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—
(a)the tenant has accrued rent arrears under the tenancy in respect of one or more periods,
(b)the cumulative amount of those rent arrears equates to, or exceeds, an amount that is the equivalent of 6 months’ rent under the tenancy when notice to leave is given to the tenant on this ground in accordance with section 52(3), and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order.
(3)In deciding under sub-paragraph (2) whether it is reasonable to issue an eviction order, the Tribunal is to consider—
(a)whether the tenant being in arrears of rent over the period or periods in question is wholly or partly a consequence of a delay or failure in the payment of a relevant benefit,
(b)the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers under paragraph 12(4)(b) (and continued in force by virtue of section 49 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022).
(4)For the purpose of this paragraph—
(a)references to a relevant benefit are to—
(i)a rent allowance or rent rebate under the Housing Benefit Regulations 2006 (S.I. 2006/213),
(ii)a payment on account awarded under regulation 93 of those Regulations,
(iii)universal credit, where the payment in question included (or ought to have included) an amount under section 11 of the Welfare Reform Act 2012 in respect of rent,
(iv)sums payable by virtue of section 73 of the Education (Scotland) Act 1980,
(b)references to delay or failure in the payment of a relevant benefit do not include any delay or failure so far as it is referable to an act or omission of the tenant.]
Textual Amendments
F1Sch. 3 para. 12A treated as inserted (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 4(1)(3)(c) (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))