- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Housing (Scotland) Act 2014, Section 7 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)In section 34 of the 2001 Act (short Scottish secure tenancies)—
(a)in subsection (7), for “or 2” substitute “ , 2 or 2A ”, and
(b)after subsection (8), insert—
“(9)A landlord must have regard to any guidance published by the Scottish Ministers—
(a)before creating a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, and
(b)when taking any steps in relation to such a tenancy with a view to—
(i)extending the term of the tenancy under section 35A, or
(ii)raising proceedings for the recovery of possession of the house under section 36.
(10)Before publishing any guidance mentioned in subsection (9), the Scottish Ministers must consult such persons as they consider appropriate.”.
(2)In section 35 of the 2001 Act (conversion to a short Scottish secure tenancy)—
(a)for subsection (2) substitute—
“(2)The landlord may serve a notice under subsection (3) only where—
(a)the tenant (or any one of joint tenants) or a person residing or lodging with, or a subtenant of, the tenant is subject to an antisocial behaviour order under—
(i)section 234AA of the Criminal Procedure (Scotland) Act 1995 (c.46), or
(ii)section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), or
(b)the tenant (or any one of joint tenants), a person residing or lodging with, or a subtenant of, the tenant, or a person visiting the house has, within the period of 3 years preceding the date of service of the notice—
(i)acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the person, or
(ii)pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.”,
(b)in subsection (3)—
(i)the word “and” immediately preceding paragraph (b) is repealed,
(ii)in paragraph (b), after “order” insert “ or, as the case may be, has behaved as described in subsection (2)(b) ”, and
(iii)after paragraph (b), insert—
“(c)if the notice is served under subsection (2)(b), specify—
(i)the actions of the tenant or other person which the landlord has taken into account, and
(ii)the landlord's reasons for serving the notice, and
(d)explain the right of appeal conferred by subsection (5).”, and
(c)after subsection (6), insert—
“(7)In this section —
“antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
“conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and
“harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).”.
(3)In section 37(1) of the 2001 Act (conversion to Scottish secure tenancy), in paragraph (a) for “or 2” substitute “ , 2 or 2A ”.
(4)In schedule 6 to the 2001 Act (grounds for granting short Scottish secure tenancy)—
(a)after paragraph 2 insert—
(1)A person mentioned in sub-paragraph (2) has, within the period of 3 years preceding the date of service of the notice—
(a)acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, or
(b)pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.
(2)The persons are—
(a)the prospective tenant,
(b)any one of prospective joint tenants,
(c)a person visiting a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, and
(d)a person who it is proposed will reside with the prospective tenant.
(3)In sub-paragraph (1)—
“antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
“conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and
“harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).”, and
(b)for paragraph 6 substitute—
The house is to be let expressly on a temporary basis to a person—
(a)to whom no other paragraph of this schedule applies, and
(b)who is in receipt of a housing support service.”.
(5)In section 31(5) of the 1987 Act (permanent accommodation where duty to secure accommodation for persons found to be homeless), in paragraph (c) for “or 2” substitute “ , 2 or 2A ”.
Commencement Information
I1S. 7(1)(a)(2)-(5) in force at 1.5.2019 by S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
I2S. 7(1)(b) in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys