SCHEDULE 3EVICTION GROUNDS

PART 4LEGAL IMPEDIMENT TO LET CONTINUING

Landlord has ceased to be registered

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1

It is an eviction ground that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”).

2

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

a

the landlord is not entered in the register prepared and maintained for the purposes of Part 8 of the 2004 Act by the local authority within whose area the let property is situated because either—

i

the local authority has refused to enter the landlord in the register, or

ii

the local authority has removed the landlord from the register in accordance with section 88(8) or 89 of the 2004 Act,

b

by continuing to let the property to the tenant the landlord—

i

is committing an offence under subsection (1) of section 93 of the 2004 Act, or

ii

would be doing so but for subsection (6) of that section, and

c

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