Private Housing (Tenancies) (Scotland) Act 2016

Landlord intends to live in property to alleviate financial hardshipS
This section has no associated Explanatory Notes

[F14A(1)It is an eviction ground that the landlord intends to live in the let property to alleviate financial hardship.

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

(a)the landlord—

(i)is suffering financial hardship, and

(ii)intends to alleviate that hardship by occupying the let property as the landlord’s only or principal home for at least 3 months, and

(b)the Tribunal is satisfied that it is reasonable to issue an eviction order.

(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)(a)(ii) includes (for example)—

(a)a letter of advice from an approved money advisor or a local authority debt advice service,

(b)a letter of advice from an independent financial advisor,

(c)a letter of advice from a chartered accountant,

(d)an affidavit stating that the landlord has that intention.]

Textual Amendments

F1Sch. 3 para. 4A 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)(b) (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))