Private Housing (Tenancies) (Scotland) Act 2016

Property to be sold by lenderS

2(1)It is an eviction ground that a lender intends to sell the let property.S

(2)The First-tier Tribunal [F1must] [F1may] find that the ground named by sub-paragraph (1) applies if—

(a)the let property is subject to a heritable security,

(b)the creditor under that security is entitled to sell the property, [F2and]

(c)the creditor requires the tenant to leave the property for the purpose of disposing of it with vacant possession[F3, and

(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]

Textual Amendments

F1Word in sch. 3 para. 2(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(b)(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F2Word in sch. 3 para. 2(2) repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(b)(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. 2(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)(b)(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. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.