Part 4Tenancies

Removal of mandatory eviction grounds

I144Assured tenancies: discretionary eviction grounds

1

The Housing (Scotland) Act 1988 is modified as follows.

2

In section 18 (orders for possession)—

a

subsections (3) and (3A) are repealed,

b

in subsection (4), for “Part II” substitute “Part I or II”,

c

in subsection (6)(a), the words “or Ground 8” are repealed,

d

in subsection (8), for “subsections (3A) and (4A)” substitute “subsection (4A)”.

3

In section 19 (notice of proceedings for possession), subsection (5) is repealed.

4

In section 20 (extended discretion of First-tier Tribunal in possession claims)—

a

in subsection (1), for “Subject to subsection (6) below, the” substitute “The”,

b

subsection (6) is repealed.

5

In section 33(1) (recovery of possession on termination of a short assured tenancy)—

a

in the opening words, for “shall” substitute “may”,

b

after paragraph (b), the word “and” is repealed,

c

after paragraph (d) insert “, and

e

that it is reasonable to make an order for possession.

6

In schedule 5 (grounds for possession of houses let on assured tenancies)—

a

in Part I, Ground 8 is repealed,

b

the heading of Part I becomes “Certain grounds on which First-tier Tribunal may order possession”,

c

the heading of Part II becomes “Further grounds on which First-tier Tribunal may order possession”.