C1Part II Rented Accommodation
Assured tenancies—security of tenure
21 Special provisions applicable to shared accommodation.
1
This section applies in a case falling within subsection (1) of section 14 above and expressions used in this section have the same meaning as in that section.
2
Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person from whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 17 above shall have effect accordingly.
3
On the application of the landlord, the sheriff may make such order as he thinks just either—
a
terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or
b
modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise.
4
No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 14(2) above, could not be effected by or under the terms of the tenancy.
Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335