Coronavirus (Scotland) Act 2020

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(a) subsections (3) and (3A) were repealed,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(3) Section 20 has effect as if subsection (6) (no discretion where landlord entitled to possession) were repealed.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(b) after paragraph (b), the word “and” were repealed,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”.