Tenants' Rights, Etc. (Scotland) Act 1980

36 Conditions applying to landlord's right to recovery of possession

(1) A landlord under a short tenancy who seeks recovery of possession of the dwelling-house on or after termination of the tenancy, subject to subsection (2) below, may recover possession of the dwelling-house in accordance with Case 11D of Schedule 3 to the 1971 Act.

(2) A landlord who at any time seeks an order under the said Case 11D shall, either before or not later than 3 months after the expiry of the period specified in the tenancy agreement, or, in a case to which subsection (4) below applies, not later than 3 months after the expiry of any period of 12 months for which the tenancy is continued under that subsection, serve on the tenant a notice in writing of his intention to apply for the order, and the relative application shall be made not less than 3 nor more than 6 months after service of the said notice.

(3) In Part II of Schedule 3 to the 1971 Act (cases in which the court must order possession of a dwelling-house subject to a regulated tenancy) the following Case shall be inserted after Case 11C—

• “Case 11D

  Where—

  (a)

  the dwelling-house was let on a short tenancy within the meaning of section 34 of the Tenants' Rights, Etc. (Scotland) Act 1980 ; or

  (b)

  in the opinion of the Court it is just and equitable that the tenancy should be treated as a short tenancy within the meaning of the said section 34, notwithstanding that a requirement of subsection (1)(d) or (e) of that section has not been complied with,

  and the short tenancy has terminated:

  Provided that, where a further tenancy has been created by agreement between the landlord and the tenant no application for an order for possession under this Case shall be made before the end of the period of that tenancy.”.

(4) Where a landlord fails timeously to serve a notice in compliance with subsection (2) above, the tenancy shall be continued as a short tenancy for a period of 12 months beginning with the expiry of the period specified in the tenancy agreement or with the expiry of any period of 12 months for which the tenancy is continued under this subsection.