Tenants' Rights, Etc. (Scotland) Act 1980

SCHEDULES

Section 10.

SCHEDULE 1 Tenancies Which are not Secure Tenancies

Long leases

1 A tenancy shall not be a secure tenancy if it is for a period exceeding 20 years, whether or not it is (or may become) terminable before the end of that period by notice given by or to the tenant.

Premises occupied under contract of employment

2 (1) A tenancy shall not be a secure tenancy if the tenant (or one of joint tenants) is an employee of the landlord, or of any local authority or development corporation and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

(2) In this paragraph " contract of employment" means a contract of service or of apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing.

Temporary letting to person seeking accommodation

3 A tenancy shall not be a secure tenancy if the dwelling-house was let by the landlord expressly on a temporary basis to a person moving into an area in order to take up employment there, and for the purpose of enabling him to seek accommodation in the area.

Temporary letting pending development

4 A tenancy shall not be a secure tenancy if the dwelling-house was let by the landlord to the tenant expressly on a temporary basis, pending development affecting the dwelling-house.

In this paragraph " development" has the meaning assigned to it by section 19 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

Temporary accommodation during works

5 A tenancy shall not be a secure tenancy if the dwelling-house is occupied by the. tenant while works are being carried out on the dwelling-house which he normally occupies as his home, and if he is entitled to return there after the works are completed—

(a) by agreement; or

(b) by virtue of an order of the sheriff under section 15(5) of this Act.

Accommodation for homeless persons

6 A tenancy shall not be a secure tenancy if the dwelling-house is being let to the tenant expressly on a temporary basis, in the fulfilment of a duty imposed on a housing authority by the [1977 c. 48.] Housing (Homeless Persons) Act 1977.

Agricultural and business premises

7 A tenancy shall not be a secure tenancy if the dwelling-house—

(a) is let together with agricultural land exceeding two acres in extent;

(b) consists of or includes premises which are used as a shop or office for business, trade or professional purposes ;

(c) consists of or includes premises licensed for the sale of exciseable liquor; or

(d) is let in conjunction with any purpose mentioned in subparagraph (b) or (c) above.

Sections 15 and 20.

SCHEDULE 2 Grounds for Recovery of Possession of Dwelling-Houses Let Under Secure Tenancies

PART I Grounds on Which Court May Order Recovery of Possession

1 Rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken.

2 The tenant (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been convicted of using the dwelling-house or allowing it to be used for immoral or illegal purposes.

3 The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his; and in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or a sub-tenant of his the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

In this paragraph " the common parts " means any part of a building containing the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses.

4 The condition of any furniture provided for use under the tenancy, or for use in any of the common parts (within the meaning given in paragraph 3 above), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his ; and in the case of ill-treatment by a person lodging with a tenant or a sub-tenant of his the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

5 The tenant and his spouse have been absent from the dwelling-house without reasonable cause for a continuous period exceeding six months or have ceased to occupy the dwelling-house as their principal home.

6 The landlord wishes to transfer the secure tenancy of the dwelling house to the spouse or former spouse of the tenant, or to a person with whom the tenant has been living as man and wife, where either the tenant or the spouse, former spouse or person aforesaid no longer wishes to live together with the other in the dwelling house, and the spouse, former spouse or person aforesaid has applied to the landlord for the transfer of the tenancy.

7 The tenant of the dwelling-house (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in or in the vicinity of the dwelling-house which is a nuisance or annoyance and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to him.

8 The tenant of the dwelling-house (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in or in the vicinity of the dwelling-house which is a nuisance or annoyance and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

9 The dwelling-house is overcrowded, within the meaning of section 89 of the [1966 c. 49.] Housing (Scotland) Act 1966, in such circumstances as to render the occupier guilty of an offence.

10 The landlord intends within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the dwelling-house, and it cannot reasonably do so without obtaining possession of the dwelling-house.

11 The dwelling-house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the dwelling house and—

(a) there is no longer a person with such special needs occupying the dwelling-house ; and

(b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such special needs.

12 The dwelling-house forms part of a group of dwelling-houses which has been designed, or which has been provided with or located near facilities, for persons in need of special social support, and—

(a) there is no longer a person with such a need occupying the dwelling-house; and

(b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such a need.

13 The landlord is a housing association which has as its object, or as one of its objects, the housing of persons who are in a special category by reason of age, infirmity, disability or social circumstances and the tenant (or one of joint tenants), having been granted a tenancy as a person falling into such a special category, has ceased to be in the special category, or for other reasons the accommodation in the dwelling house is no longer suitable for his needs, and the accommodation is required for someone who is in a special category.

14 The interest of the landlord in the dwelling house is that of a lessee under a lease and that lease either

(a) has terminated, or

(b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possesion.

PART II Suitability of Accommodation

1 For the purposes of sections 15 and 20 of this Act, accommodation is suitable if—

(a) it consists of premises which are to be let as a separate dwelling under a secure tenancy or under a protected tenancy within the meaning of the [1971 c. 28.] Rent (Scotland) Act 1971 ; and

(b) it is reasonably suitable to the needs of the tenant and his family.

2 In determining whether accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—

(a) its proximity to the place of work (including attendance at an educational institution) of the tenant and of other members of his family, compared with his existing dwelling-house ;

(b) . the extent of the accommodation required by the tenant and his family ;

(c) the character of the accommodation offered compared to his existing dwelling-house ;

(d) the terms on which the accommodation is offered to the tenant compared with the terms of his existing tenancy;

(e) if any furniture was provided by the landlord for use under the existing tenancy, whether furniture is to be provided for use under the new tenancy which is of a comparable nature in relation to the needs of the tenant and his family ;

(f) any special needs of the tenant or his family.

3 M the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 1(a) above and which appears to it to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of the offer) by which the offer must be accepted, the accommodation so offered shall be deemed to be suitable if—

(a) the landlord shows that the tenant accepted the Offer within the time duly specified in the offer ; or

(b) the landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer.

Section 21.

SCHEDULE 3 Terms of Secure Tenancy Relating to Subletting etc.

1 A secure tenant who wishes to assign, sublet or otherwise give up to another person possession of the dwelling-house which is the subject of the secure tenancy or any part thereof or take in a lodger shall serve on the landlord an application in writing for the landlord's consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.

2 In relation to an application under paragraph 1 above, the landlord may consent, or may refuse his consent, provided that he may not refuse his consent unreasonably.

3 (a) The landlord shall serve on the tenant notice in writing of his consent or refusal, and in the case of refusal the reasons therefor, within one month of receipt of the application.

(b) where the landlord fails to serve a notice in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4 A tenant who is aggrieved by a refusal (other than a refusal on the grounds provided for ill section 21(2) of this Act) may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5 In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application unless it appears to him that the refusal is reasonable.

6 In deciding whether a refusal is reasonable the sheriff shall have regard in particular to—

(a) whether the consent would lead to overcrowding of the dwelling-house in such circumstances as to render the occupier guilty of an offence under section 89 of the [1966 c. 49.] Housing (Scotland) Act 1966 ; and

(b) whether the landlord proposes to carry out works on the dwelling-house or on the building of which it forms part so that the proposed works will affect the accommodation likely to be used by the sub-tenant or lodger who would reside in the dwelling-house as a result of the consent.

Section 23.

SCHEDULE 4 Terms of Secure Tenancy Relating to Alterations Etc. to Dwelling-House

1 A secure tenant who wishes to carry out work shall serve on the landlord an application in writing for the landlord's consent, giving details of the work proposed to be carried out.

2 In relation to an application under paragraph 1 above, the landlord may—

(a) consent;

(b) refuse his consent, provided that he may not refuse his consent unreasonably; or

(c) consent subject to such reasonable conditions as he may impose.

3 (a) The landlord shall intimate his consent or refusal, and any conditions imposed, and in the case of refusal the reasons therefor, to the tenant in writing within one month of receipt of the application.

(b) in the event that the landlord fails to make intimation in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4 A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(c) above may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5 In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application or, as the case may be, to withdraw the condition unless it appears to him that the refusal or condition is reasonable.

6 In deciding whether a refusal or a condition is reasonable the sheriff shall have regard in particular to—

(a) the safety of occupiers of the dwelling-house or of any other premises;

(b) any expenditure which the landlord is likely to incur as a result of the work ;

(c) whether the work is likely to reduce the value of the dwelling house or of any premises of which it forms part, or to make the dwelling-house or such premises less suitable for letting or for sale ; and

(d) any effect which the work is likely to have on the extent of the accommodation provided by the dwelling-house.

Section 84.

SCHEDULE 5 Repeals

Chapter	Short Title	Extent of Repeal
62 & 63 Vict, c. 44.	Small Dwellings Acquisition Act 1899.	The whole Act.
13 & 14 Geo. 5. c. 24.	Housing, &c. Act 1923.	Part III and section 25(7).
25 & 26 Geo. 5. c. 41.	Housing (Scotland) Act 1935.	Section 83.
12 & 13 Geo. 6. c. 61.	Housing (Scotland) Act 1949.	Section 39.
14 & 15 Geo. 6. c. 65.	Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.	In section 16(1) the word " standard ".
		In section 16(2)(c) the words from " and " to the end.
		Section 16(4)(b).
		In section 17(2)(a) and (b) the word " standard" and in section 17(2)(a) the words from " , and " to the end.
		In section 18(2)(a) and (b) the word "standard" and in section 18(2)(a) the words from " , and " to the end.
		Section 19(5).
7 & 8 Eliz. 2. c. 33.	House Purchase and Housing Act 1959.	Section 3(1).
		Section 31(2).
		Schedule 2.
1966 c. 49.	Housing (Scotland) Act 1966.	In section 17(2)(b) and (3), the words " with the consent of the Secretary of State ".
		In section 17(3) the words ", or fail to make such regulations under the said subsection (2)(b) as the Secretary of State approves,".
		In section 91(1), the words " and after consultation with the Scottish Housing Advisory Committee ".
		In section 91(2), the words " and the said Committee ".
		Section 145(5)(b).
		Section 151(6).
		Section 167.
		In section 177(1) the words from "artistic interest" to the end.
		In section 177(2) the words ", and if required by the Secretary of State shall," and the words from ", and the authority " to the end.
1968 c. 31.	Housing (Financial Provisions) (Scotland) Act 1968.	In section 49(1), the words " subject to such conditions as may be approved by the Secretary of State ".
		Section 50.
1970 c. 35.	Conveyancing and Feudal Reform (Scotland) Act 1970.	Section 9(7).
1970 c. 44.	Chronically Sick and Disabled Persons Act 1970.	Section 10.
1971 c. 28.	Rent (Scotland) Act 1971.	In section 4(1) the words from " or of " to " Cornwall".
		In section 5, in subsection (4), the words from the beginning to " fulfilled," and subsection (5).
		Section 7(1) and in subsection (2) the words from " which " to the end.
		Section 9(1).
		Section 24.
		In section 25(1) the words " or section 24(2)".
		Sections 29 and 30.
		In section 36, the definition of " improvement".
		Part V.
		Sections 70 to 76.
		In section 80(2), the words " (whether a controlled or regulated tenancy)".
		Section 81.
		In section 82 the definitions of " qualification certificate " and " qualifying conditions ".
		Section 84.
		In section 85 the words from " or of " to " Cornwall ".
		Section 97(2).
		In section 100, the definition of " rent tribunal".
		Section 106(8).
		In section 110(1)(6), the words "either controlled heritable securities or ".
		Section 110(2).
		In section 111(1), the words " but which is not a controlled heritable security ".
		Sections 113 to 115.
		Section 122(1)(b).
		Section 123(2), and in section 123(3), the references to sections 24(3), 49(4), 50(4), 54(2) and 69(4).
		Section 125(2).
		Section 129(2).
		In section 133, the definition of " controlled tenancy ", " repairs increase ", " section 50 increase" and " standard rent".
		Section 135(1).
		Schedule 2.
		In Schedule 3, (i) in Case 5 the words from " or, in" to " 1939,"; (ii) Case 6 (iii) in Case 9 the words " or as the case may be, Part V".
		Schedule 8.
		Schedules 10 to 12.
		Schedule 14.
		Schedules 16 and 17.
		In Schedule 19, paragraphs 9, 10. 14(1)(c) and 19(1).
1971 c. 40.	Fire Precautions Act 1971.	In Part III of the Schedule, in paragraph 1(1), the words " or a controlled ", in paragraph 1(2), sub-paragraph (a), paragraphs 1(6) and 1(7) and 4.
1972 c. 46.	Housing (Financial Provisions) (Scotland) Act 1972.	Section 49(2).
		In section 50, the definition of " controlled tenancy ".
		In section 61(3), the words " subject to section 64 of this Act
		In section 62, in subsection (2) the words " and 64 ", in subsection (4) the words " or section 64(4) ".
		Sections 64 and 65.
		In Schedule 7, paragraphs 1 to 7.
1973 c. 65.	Local Government (Scotland) Act 1973.	In Schedule 12, paragraph 1.
		In Schedule 13, paragraphs 4, 5 and 7.
1974 c. 44.	Housing Act 1974.	In section 18, in subsection (2) the words " in such form as may be prescribed " and subsection (5).
1974 c. 45.	Housing (Scotland) Act 1974.	Section 1(2).
		In section 7, in subsection (1) the words " by the owner," in both places where they appear, subsection (1)(c) and the word " and " which precedes it.
		In section 8, in subsection (1) the words " and in subsection (2) below" and subsection (2).
		In section 9, in paragraph (b) of subsection (5) the words " by a member of the agricultural population ".
		In section 10A(5), " (1A)".
		Section 14A(2).
		In section 49(3), in the definition of " owner ", the words " but in Part I includes such a lessee as is mentioned in section 2(3)(a) of this Act.
		In Schedule 3. paragraph 37.
1974 c. 51.	Rent Act 1974.	Section 1(3).
1975 c. 21.	Criminal Procedure (Scotland) Act 1975.	In Schedule 7C, in the entry relating to the Housing (Scotland) Act 1966, in the first column, the words from " where " to the end of the column.
1975 c. 28.	Housing Rents and Subsidies (Scotland) Act 1975.	Section 1(5).
		Section 2.
		In section 5, in subsection (2) the words " and the terms of any agreement shall be approved by him", in subsection (3) the words " and to the terms ".
		Sections 7 to 11.
		Schedule 2.
		In Schedule 3, paragraph 5.