http://www.legislation.gov.uk/id/asp/2020/7

Private residential tenancies: eviction grounds to be discretionary

1

The Private Housing (Tenancies) (Scotland) Act 2016 applies, in relation to a notice to leave within the meaning of section 62 of that Act served on a tenant while this paragraph is in force, in accordance with the modifications in this paragraph.

2

Section 51(2) (First-tier Tribunal's power to issue an eviction order) has effect as if the words “or must” were repealed.

3

Schedule 3 (eviction grounds) has effect as if—

a

in paragraph 1(2) (landlord intends to sell)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (a), the word “and” were repealed,

iii

after paragraph (b) there were inserted

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

b

in paragraph 2(2) (property to be sold by lender)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (b), the word “and” were repealed,

iii

after paragraph (c) there were inserted

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

c

in paragraph 3(2) (landlord intends to refurbish)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (b), the word “and” were repealed,

iii

after paragraph (c) there were inserted

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

d

in paragraph 4(2) (landlord intends to live in property)—

i

for the word “must” there were substituted “ may ”,

ii

the words from “the landlord” to “3 months” were paragraph (a),

iii

after paragraph (a) there were inserted

, and
b
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

e

in paragraph 6(2) (landlord intends to use for non-residential purpose)—

i

for the word “must” there were substituted “ may ”,

ii

the words from “the landlord” to “home” were paragraph (a),

iii

after paragraph (a) there were inserted

, and
b
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

f

in paragraph 7(2) (property required for religious purpose)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (b) the word “and” were repealed,

iii

after paragraph (c) there were inserted

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

g

in paragraph 8 (not an employee)—

i

in the opening words of sub-paragraph (2), for the word “must” there were substituted “ may ”,

ii

for paragraph (c) there were substituted—

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

iii

sub-paragraph (3) were repealed,

iv

in sub-paragraph (4), for the words “sub-paragraphs (2) and (3)” there were substituted “ sub-paragraph (2) ”,

h

in paragraph 10(2) (not occupying let property)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (a), the word “and” were repealed,

iii

after paragraph (b) there were inserted

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

i

in paragraph 12 (rent arrears), sub-paragraph (2) were repealed,

j

in paragraph 13(2) (criminal behaviour)—

i

in the opening words, for the word “must” there were substituted “ may ”,

ii

after paragraph (a), the word “and” were repealed,

iii

after paragraph (b) there were inserted

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

Private residential tenancies: extension of notice periods

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assured tenancies: eviction grounds to be discretionary

3

1

The Housing (Scotland) Act 1988 applies, in relation to a notice served on a tenant under section 19 or 33(1)(d) of that Act while this paragraph is in force, in accordance with the modifications in this paragraph.

2

Section 18 (orders for possession) has effect as if—

a

subsections (3) and (3A) were repealed,

b

in subsection (4), for “Part II” there were substituted “ Part I or Part II ”,

c

in subsection (4A), after the word “possession” there were inserted “ on Ground 8 in Part I of Schedule 5 to this Act or ”.

3

Section 20 has effect as if subsection (6) (no discretion where landlord entitled to possession) were repealed.

4

Section 33 (recovery of possession on termination of a short assured tenancy) has effect as if in subsection (1)—

a

in the opening words, for the word “shall” there were substituted “ may ”,

b

after paragraph (b), the word “and” were repealed,

c

after paragraph (d) there were inserted

, and
e
that it is reasonable to make an order for possession.

5

Schedule 5 (grounds for possession of houses let on assured tenancies) has effect as if for the heading of Part I there were substituted “ Certain grounds on which First-tier Tribunal may order possession in relation to the period of the Coronavirus (Scotland) Act 2020 ”.

Assured tenancies: extension of notice periods

F34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenancies under the Rent (Scotland) Act 1984: eviction grounds to be discretionary

5

1

The Rent (Scotland) Act 1984 applies, in relation to a notice served on a tenant in accordance with section 112(1) of that Act while this paragraph is in force, in accordance with the modifications in this paragraph.

2

Section 11 (grounds for possession of certain dwelling-houses) has effect as if—

a

in subsection (1)(b), after the words “Part I” there were inserted “ or Part II ”,

b

subsection (2) were repealed.

3

Section 12 (extended discretion of court) has effect as if—

a

in subsection (1), the words “Subject to subsection (5) below,” were repealed,

b

in subsection (2), the words “, subject to subsection (5) below,” were repealed,

c

subsection (5) were repealed.

4

Section 14 (conditions applying to recovery of short tenancies) has effect as if, in subsection (1), after the word “Act” there were inserted “ provided the First-tier Tribunal considers it reasonable to allow such recovery ”.

5

Schedule 2 (grounds for possession for protected or statutory tenancies) has effect as if for the heading of Part II there were substituted “ Certain cases in which First-tier Tribunal may order possession in relation to the period of the Coronavirus (Scotland) Act 2020 ”.

SCHEDULE 1Eviction from dwelling-houses

Private residential tenancies: eviction grounds to be discretionary

1

1

2

3

a

i

ii

iii

c

b

i

ii

iii

d

c

i

ii

iii

d

d

i

ii

iii

b

e

i

ii

iii

b

f

i

ii

iii

d

g

i

ii

c

iii

iv

h

i

ii

iii

c

i

j

i

ii

iii

c

Private residential tenancies: extension of notice periods

F22

Assured tenancies: eviction grounds to be discretionary

3

1

2

a

b

c

3

4

a

b

c

e

5

Assured tenancies: extension of notice periods

F34

Tenancies under the Rent (Scotland) Act 1984: eviction grounds to be discretionary

5

1

2

a

b

3

a

b