Private Housing (Tenancies) (Scotland) Act 2016

13 (1) It is an eviction ground that the tenant has a relevant conviction. S

(2) The First-tier Tribunal [F1 must] [F1 may] find that the ground named by sub-paragraph (1) applies if—

(a) after the tenancy is granted, the tenant receives a relevant conviction, [F2 and]

(b) either—

(i) the application for an eviction order that is before the Tribunal was made within 12 months of the tenant's conviction, or

(ii) the Tribunal is satisfied that the landlord has a reasonable excuse for not making the application within that period[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), “a relevant conviction” means a conviction for an offence—

(a) which was committed by using, or allowing the use of, the let property for an immoral or illegal purpose, or

(b) which—

(i) was committed within or in the locality of the let property, and

(ii) is punishable by imprisonment.

(4) In a case where two or more persons jointly are the tenant under a tenancy, the reference in sub-paragraph (2) to the tenant is to any one of those persons.

Textual Amendments

F1 Word in sch. 3 para. 13(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(j)(i) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))

F2 Word in sch. 3 para. 13(2) repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(j)(ii) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))

F3 Sch. 3 para. 13(2)(c) and word inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(j)(iii) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))

Commencement Information

I1 Sch. 3 para. 13 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.