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3(1)It is an eviction ground that the landlord intends to carry out significantly disruptive works to, or in relation to, the let property.S
(2)The First-tier Tribunal [F1must] [F1may] find that the eviction ground named by sub-paragraph (1) applies if—
(a)the landlord intends to refurbish the let property (or any premises of which the let property forms part),
(b)the landlord is entitled to do so, [F2and]
(c)it would be impracticable for the tenant to continue to occupy the property given the nature of the refurbishment intended by the landlord[F3, and
(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]
(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(a) includes (for example)—
(a)any planning permission which the intended refurbishment would require,
(b)a contract between the landlord and an architect or a builder which concerns the intended refurbishment.
Textual Amendments
F1Word in sch. 3 para. 3(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(c)(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))
F2Word in sch. 3 para. 3(2) repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(c)(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. 3(2)(d) 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)(c)(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. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.