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Part III S Protection against Harassment and Eviction without due process of Law

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)

24 Special provisions with respect to agricultural employees.S

(1)The following provisions of this section shall apply where the tenant under the former tenancy occupied the premises under the terms of his employment as a person employed in agriculture (as defined in section 17 of the M1Agricultural Wages (Scotland) Act 1949).

(2)In this section “the occupier”, in relation to any premises, means—

(a)the tenant under the former tenancy; or

(b)the widow or widower of the tenant under the former tenancy residing with him at his death or, if the former tenant leaves no such widow or widower, any member of his family residing with him at his death.

[F1(2A)In accordance with section 23(2A) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the person having a right to occupy premises as a dwelling otherwise than under a tenancy, being a right which has come to an end; and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.]

(3)Without prejudice to any power of the [F2First-tier Tribunal] apart from this section to postpone the operation or suspend the execution of a decree of removing or warrant of ejection or other like order (in this section referred to as an “order for possession”), if in proceedings by the owner against the occupier the [F2Tribunal] makes an order for the possession of the premises the [F2Tribunal] may suspend the execution of the order on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, compensation to the owner for loss of possession and otherwise as the [F2Tribunal] thinks reasonable.

(4)Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the [F3First-tier Tribunal] under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the [F3Tribunal] shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, compensation to the owner for loss of possession and otherwise as the [F3Tribunal] thinks reasonable) for the remainder of the period of six months aforesaid unless the [F3Tribunal] —

(a)is satisfied either—

(i)that other suitable accommodation is, or will within that period be made, available to the occupier; or

(ii)that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or

(iii)that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or

(iv)that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and

(b)considers that it would be reasonable not to suspend the execution of the order for the remainder of that period;

but a decision of the [F3Tribunal] not to suspend the execution of the order under this subsection shall not prejudice any other power of the [F3Tribunal] to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.

(5)Where the [F4First-tier Tribunal] has under the preceding provisions of this section suspended the execution of an order for possession it may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this section.

(6)In considering whether or how to exercise its powers under subsection (3) of this section the [F5First-tier Tribunal] shall have regard to all the circumstances and, in particular, to the following, that is to say—

(a)whether other suitable accommodation is or can be made available to the occupier;

(b)whether the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises were available for occupation by a person employed or to be employed by the owner; and

(c)whether greater hardship would be caused by the suspension of the execution of the order than by its execution without suspension or further suspension.

(7)Where in proceedings for the recovery of possession of the premises the [F6First-tier Tribunal] makes an order for possession but suspends the execution of the order by virtue of this section, it shall make no order for expenses, unless it appears to the [F6Tribunal], having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(8)Where, in the case of an order for possession of the premises to which subsection (4) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the [F7First-tier Tribunal] that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—

(a)attributable to the provisions of paragraph (a)(ii) of that subsection, and

(b)due to misrepresentation or concealment of material facts by the owner of the premises,

the [F7Tribunal] may order the owner to pay the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.

Textual Amendments

Marginal Citations