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Housing (Scotland) Act 1988
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Housing (Scotland) Act 1988 is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 5 Part I Crossheading Ground-6 Paragraph Wrapper6n2:
- s. 66(1)(aa) and word inserted by 2001 asp 10 s. 50(2)(c)
- s. 66(2A) inserted by 2001 asp 10 s. 50(3)
- s. 66(5A) inserted by 2001 asp 10 s. 50(4)
- sch. 17 para. 19-26 repealed by 2014 asp 14 sch. 2 para. 5(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 66(1)(aa) and word inserted by 2001 asp 10 s. 50(2)(c)
- s. 66(2A) inserted by 2001 asp 10 s. 50(3)
- s. 66(5A) inserted by 2001 asp 10 s. 50(4)
- sch. 17 para. 19-26 repealed by 2014 asp 14 sch. 2 para. 5(4)
The landlord who is seeking possession or, where the immediate landlord is a registered housing association within the meaning of the M1Housing Associations Act 1985, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the house or to carry out substantial works on the house or any part thereof or any building of which it forms part and the following conditions are fulfilled (and in those conditions the landlord who is intending to carry out the demolition, reconstruction or substantial works is referred to as “the relevant landlord”)—
(a)either—
(i)the relevant landlord (or, in the case of joint relevant landlords, any one of them) acquired his interest in the house before the creation of the tenancy; or
(ii)none of the following persons acquired his interest in the house for value—
(A)the relevant landlord (or, in the case of joint relevant landlords, any one of them);
(B)the immediate landlord (or, in the case of joint immediate landlords, any one of them), where he acquired his interest after the creation of the tenancy;
(C)any person from whom the relevant landlord (or any one of joint relevant landlords) derives title and who acquired his interest in the house after the creation of the tenancy; and
(b)the relevant landlord cannot reasonably carry out the intended work without the tenant giving up possession of the house because—
(i)the work can otherwise be carried out only if the tenant accepts a variation in the terms of the tenancy and the tenant refuses to do so;
(ii)the work can otherwise be carried out only if the tenant accepts an assured tenancy of part of the house and the tenant refuses to do so; or
(iii)the work can otherwise be carried out only if the tenant accepts either a variation in the terms of the tenancy or an assured tenancy of part of the house or both, and the tenant refuses to do so; or
(iv)the work cannot otherwise be carried out even if the tenant accepts a variation in the terms of the tenancy or an assured tenancy of only part of the house or both.
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