Housing (Scotland) Act 1987

47 Proceedings for possession

(1) The landlord under a secure tenancy may raise proceedings for recovery of possession of the house by way of summary cause in the sheriff court of the district in which it is situated.

(2) Proceedings for recovery of possession of a house subject to a secure tenancy may not be raised unless—

(a) the landlord has served on the tenant a notice complying with subsection (3);

(b) the proceedings are raised on or after the date specified in the said notice; and

(c) the notice is in force at the time when the proceedings are raised.

(3) A notice under this section shall be in a form prescribed by the Secretary of State by statutory instrument, and shall specify—

(a) the ground, being a ground set out in Part I of Schedule 3, on which proceedings for recovery of possession are to be raised; and

(b) a date, not earlier than 4 weeks from the date of service of the notice or the date on which the tenancy could have been brought to an end by a notice to quit had it not been a secure tenancy, whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

(4) A notice under this section shall cease to be in force 6 months after the date specified in it in accordance with subsection (3)(b), or when it is withdrawn by the landlord, whichever is earlier.