4(1)It is an eviction ground that the landlord intends to live in the let property.S
(2)The First-tier Tribunal [F1must] [F1may] find that the ground named by sub-paragraph (1) applies if [F2the landlord intends to occupy the let property as the landlord's only or principal home for at least 3 months.]
[F2(a) the landlord intends to occupy the let property as the landlord's only or principal home for at least 3 months][F3, and
(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.]
(3)References to the landlord in this paragraph—
(a)in a case where two or more persons jointly are the landlord under a tenancy, are to be read as referring to any one of them,
(b)in a case where the landlord holds the landlord's interest as a trustee under a trust, are to be read as referring to a person who is a beneficiary under the trust.
(4)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the landlord has that intention.
Textual Amendments
F1Word in sch. 3 para. 4(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(d)(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))
F2Words in sch. 3 para. 4(2) renumbered as sch. 3 para 4(2)(a) (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(d)(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))
F3Sch. 3 para. 4(2)(b) 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)(d)(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
I1Sch. 3 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.