C1C3C2C4Part II Rented Accommodation

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335

C4

Pt. 2 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))

Assured tenancies—security of tenure

C518 Orders for possession.

1

The F13First-tier Tribunal shall not make an order for possession of a house let on an assured tenancy except on one or more of the grounds set out in Schedule 5 to this Act.

2

The following provisions of this section have effect, subject to section 19 below, in relation to proceedings for the recovery of possession of a house let on an assured tenancy.

F103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

If the F21First-tier Tribunal is satisfied that any of the grounds in F14Part I or II of Schedule 5 to this Act is established, F2the Tribunal shall not make an order for possession unless F2the Tribunal considers it reasonable to do so.

F54A

In considering for the purposes of subsection (4) above whether it is reasonable to make an order for possession on Ground 11 or 12 in Part II of Schedule 5 to this Act, the F23First-tier Tribunal shall have regard, in particular, to—

F20a

the extent to which any delay or failure to pay rent taken into account by the F23Tribunal in determining that the Ground is established is or was a consequence of a delay or failure in the payment of relevant housing benefit F15or relevant universal creditF6, and

b

the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.

5

Part III of Schedule 5 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.

6

The F17First-tier Tribunal shall not make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, unless—

a

the ground for possession is Ground 2 F19... in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 F4... Ground 10 F22, Ground 15 or Ground 17; and

b

the terms of the tenancy make provision for it to be brought to an end on the ground in question.

F36A

Nothing in subsection (6) above affects the F11First-tier Tribunal 's power to make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, where the ground for possession is Ground 15 in Part II of Schedule 5 to this Act.

7

Subject to the preceding provisions of this section, the F16First-tier Tribunal may make an order for possession of a house on grounds relating to a contractual tenancy which has been terminated; and where an order is made in such circumstances, any statutory assured tenancy which has arisen on that termination shall, without any notice, end on the day on which the order takes effect.

F98

In F7subsection (4A) above—

a

“relevant housing benefit” means—

i

any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971); or

ii

any payment on account of any such entitlement awarded under Regulation 91 of those Regulations;

F1aa

“relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent;

b

references to delay or failure in the payment of relevant housing benefit F18or relevant universal credit do not include such delay or failure so far as referable to any act or omission of the tenant.

F129

Regulations under subsection (4A)(b) may make provision about—

a

information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),

b

steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,

c

such other matters as the Scottish Ministers consider appropriate.

10

Regulations under subsection (4A)(b) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).