Modifications etc. (not altering text)
C1Pts. II, III excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6)); S.I. 2018/78, reg. 3(l)
(1)Subject to the following provisions of this Part of this Act, [F1the First-tier Tribunal] shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless [F2the Tribunal] considers it reasonable to make such an order and either—
(a)the [F2the Tribunal] is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or
(b)the circumstances are as specified in any of the Cases in Part I [F3or II] of Schedule 2 to this Act.
(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The provisions of Part III of Schedule 2 to this Act shall have effect in relation to Case 8 in that Schedule and for determining the relevant date for the purposes of the Cases in Part II of that Schedule.
(4)The provisions of Part IV of Schedule 2 to this Act shall have effect for determining whether, for the purposes of subsection (1)(a) above, suitable alternative accommodation is or will be available for a tenant.
Textual Amendments
F1Words in s. 11(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 3(a)(i); S.S.I. 2017/330, art. 3, sch.
F2Words in s. 11(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 3(a)(ii); S.S.I. 2017/330, art. 3, sch.
F3Words in s. 11(1)(b) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(2)(a), 59(1)
F4S. 11(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(2)(b), 59(1)