Housing (Scotland) Act 1988
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the Scottish Ministers shall have the general functions of—
providing, and assisting in the provision of, finance to persons or bodies intending to provide, improve, repair, maintain or manage housing;
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promoting owner-occupation (especially by those seeking to purchase for the first time), the wider ownership of housing by its occupants and a greater choice of tenancy arrangements;
promoting the provision and improvement of housing and the improvement of management of housing (whether by its occupants or otherwise);
promoting and assisting the development of social landlords, ... ;
undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing;
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For the purposes of the exercise of their general functions under section 1(3), the Scottish Ministers, so far as they do not otherwise have power to do so, may—
make grants;
make loans;
acquire, hold and dispose of securities;
guarantee obligations (arising out of loans or otherwise) incurred by other persons, or grant indemnities;
provide or assist in the provision of advisory or other services or facilities for any person;
acquire land by agreement or gift;
acquire land (including servitudes or other rights in or over land by the creation of new rights) compulsorily;
hold and manage land and dispose of, or otherwise deal with, land held by them;
acquire and dispose of plant, machinery, equipment and other property;
develop land or carry out works on land, and maintain or assist in the maintenance of any such works;
make land, plant, machinery, equipment and other property available for use by other persons;
appoint other persons to act as their agents;
act as agents for other persons;
form companies under the Companies Act 2006;
form partnerships with other persons;
promote, provide or assist in the provision of, training in matters relating to housing;
carry out, commission or assist in the provision of, research and development;
promote, or assist in the promotion of, publicity relating to their general functions under section 1(3) and to matters relating to housing;
make such charge as they think fit for any of their services;
accept any gift or grant made to them for the purposes of any of their general functions under section 1(3) and, subject to the terms of the gift or grant and to the provisions of this Act, apply it for those purposes;
turn their resources to account so far as they are not required for the exercise of any of their general functions under section 1(3).
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in subsection (2)(a) to (d), (m) and (o) above may be exercised only with the approval of the Secretary of State given with the consent of the Treasury or in accordance with a general authority given by him with such consent;
in subsection (2)(e) to (l) above may be exercised only in accordance with arrangements made with the Secretary of State.
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the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845); and
sections 6 and 70 to 78 of the Railway Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923),
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The Scottish Special Housing Association shall be dissolved on such date as the Secretary of State may by order specify (the “specified date”) and all heritable or moveable property wherever situated held by the Scottish Special Housing Association immediately before the specified date shall, on that date, be transferred to and vest in Scottish Homes and all rights, liabilities and obligations of the Scottish Special Housing Association to which it was entitled or subject immediately before the specified date shall, on that date, be transferred to Scottish Homes.
For sub-paragraph (iv) of section 61(2)(a) of the Housing (Scotland) Act 1987 (secure tenant’s right to purchase from SSHA) there shall be substituted the following —.
Schedule 2 to this Act has effect for the purpose of making other amendments to the enactments specified in that Schedule consequential upon the abolition of the Scottish Special Housing Association and the establishment of Scottish Homes and for connected purposes.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Every housing association to which this subsection applies, that is to say, every housing association which immediately before the specified date— shall, on the specified date, cease to be registered in the register so maintained by the Housing Corporation and shall, as from that date, be registered by virtue of this subsection in the register maintained under section 3(1) of the Housing Associations Act 1985 by Scottish Homes.
was registered in the register maintained under section 3(1) of the Housing Associations Act 1985 by the Housing Corporation; and
was a society registered under the Industrial and Provident Societies Act 1965, and had its registered office for the purposes of that Act in Scotland,
The Secretary of State shall, not later than one month before the specified date, notify every housing association which appears to him to be one to which, on that date, subsection (1) above will apply of that fact and of the effect of that subsection.
As soon as may be after the specified date, Scottish Homes shall notify the assistant registrar of friendly societies for Scotland of every registration which has taken place by virtue of subsection (1) above.
The provisions of Part I of the Housing Associations Act 1985 (regulation of housing associations) shall have effect subject to the amendments of that Part of that Act set out in Schedule 3 to this Act.
All heritable or moveable property held in Scotland by the Housing Corporation immediately before the specified date shall, on that date, be transferred to and vest in Scottish Homes and all rights, liabilities and obligations relating to or arising in connection with— being rights, liabilities and obligations to which the Housing Corporation was entitled or subject immediately before the specified date shall, on that date, be transferred to Scottish Homes.
the housing associations to which subsection (1) above applies, and
land in Scotland held by unregistered housing associations,
Any question as to whether any property, right, liability or obligation has been transferred to Scottish Homes under subsection (5) above shall be determined by the Secretary of State.
In this section, “specified date” has the same meaning as in section 3 above.
The Secretary of State may, with the approval of the Treasury, determine the financial duties of Scottish Homes, and different determinations may be made in relation to different general functions, powers and activities of Scottish Homes.
The Secretary of State shall give Scottish Homes notice of every determination, and a determination may—
relate to a period beginning before the date on which it is made;
contain incidental or supplemental provisions; and
be varied by a subsequent determination.
The Secretary of State may, with the consent of the Treasury, make such grants to Scottish Homes as appear to him to be required to enable Scottish Homes to meet the expenses it incurs in the exercise of its general functions and powers.
A grant under subsection (1) above may be subject to such conditions as the Secretary of State may determine.
For the purpose of the exercise of any of its general functions or powers Scottish Homes may borrow money from the Secretary of State and may, with the consent of the Secretary of State given with the approval of the Treasury, borrow money, whether in sterling or otherwise, from any other person or body, whether in the United Kingdom or elsewhere.
Scottish Homes may borrow money from any of its wholly owned subsidiaries without obtaining the consent of the Secretary of State.
It shall be the duty of Scottish Homes to secure that none of its wholly owned subsidiaries borrows money otherwise than from Scottish Homes or from another wholly owned subsidiary of Scottish Homes, except with the consent of the Secretary of State and the approval of the Treasury.
The Secretary of State may lend to Scottish Homes any sums which Scottish Homes has power to borrow from him under subsection (1) above, for such purposes as the Secretary of State may specify and the Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable the Secretary of State to make loans in pursuance of this subsection.
Any loans made in pursuance of subsection (4) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may from time to time direct; and all sums received by the Secretary of State in pursuance of this subsection shall be paid into the National Loans Fund.
The Secretary of State shall prepare in respect of each financial year an account of the sums issued to him in pursuance of subsection (4) above and the sums received by him in pursuance of subsection (5) above and of the disposal by him of those sums, and shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.
The Secretary of State shall not make a loan or give a direction in pursuance of this section except with the approval of the Treasury; and the form of the account prepared in pursuance of subsection (6) above and the manner of preparing it shall be such as the Treasury may direct.
In this section and in sections 8, 10 and 11 below, “financial year” means the period beginning with the commencement of this section and ending with 31st March of the calendar year next following such commencement and each subsequent period of 12 months ending with 31st March.
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which Scottish Homes borrows from a person other than the Secretary of State.
Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.
Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued in fulfilment of a guarantee given under this section, Scottish Homes shall make to the Treasury, at such time and in such manner as the Treasury from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rate as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.
Any sums received by the Treasury in pursuance of subsection (4) above shall be paid into the Consolidated Fund.
The aggregate amount outstanding by way of principal of— shall not exceed £1,000 million or such greater sum not exceeding £1,500 million as the Secretary of State may specify by order made with the consent of the Treasury.
money borrowed by Scottish Homes under section 7(1) above;
money borrowed by wholly owned subsidiaries of Scottish Homes with the consent of the Secretary of State and approval of the Treasury under section 7(3) above;
money borrowed by the Scottish Special Housing Association or the Housing Corporation the repayment of which is a liability or obligation transferred to Scottish Homes under section 3(1) or 4(5) above;
sums issued by the Treasury in fulfilment of guarantees under section 8 above,
An order under subsection (1) above shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.
In ascertaining the limit imposed by subsection (1) above, interest payable on a loan made by the Secretary of State to Scottish Homes which, with the approval of the Treasury, is deferred and treated as part of the loan shall, so far as outstanding, be treated as outstanding by way of principal.
If for a financial year the revenues of Scottish Homes exceed the total sums properly chargeable to revenue account, it shall apply the excess in such manner as the Secretary of State may, after consultation with Scottish Homes direct; and the Secretary of State may direct that the whole or part of the excess be paid to him.
The Secretary of State may give directions to Scottish Homes as to matters relating to—
the establishment or management of reserves;
the carrying of sums to the credit of reserves; or
the application of reserves for the purposes of the functions of Scottish Homes.
The Secretary of State may direct Scottish Homes to pay to him the whole or part of any sums for the time being standing to the credit of its reserves or being of a capital nature and not required for the exercise of its functions.
The Secretary of State may act under this section only with the approval of the Treasury.
It shall be the duty of Scottish Homes to comply with directions under this section.
Scottish Homes shall keep proper accounts and other records in relation to the accounts and shall prepare in respect of each of its financial years a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.
The statement of account prepared by Scottish Homes for each financial year shall be submitted to the Secretary of State at such time as he may direct.
The Secretary of State shall, on or before the end of the month of August in any year, transmit to the Comptroller and Auditor General the statement of account prepared by Scottish Homes under this section for the financial year last ended.
The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under this section and lay before Parliament copies of the statement of account together with his report thereon.
Scottish Homes shall provide the Secretary of State with such information relating to its general functions, powers, activities and proposed activities as he may from time to time require, and for that purpose shall permit any person authorised in that behalf by the Secretary of State or the Comptroller and Auditor General to inspect and make copies of its accounts, books, documents or papers, and shall afford to that person such explanation thereof as he may reasonably require.
It shall be the duty of Scottish Homes to make to the Secretary of State, as soon as possible after the end of each financial year, a report dealing with the activities of Scottish Homes during that year.
It shall be the duty of the Secretary of State to lay before each House of Parliament a copy of each report received by him under subsection (6) above.
A tenancy under which a house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
the tenant or, as the case may be, at least one of the joint tenants is an individual; and
the tenant or, as the case may be, at least one of the joint tenants occupies the house as his only or principal home; and
the tenancy is not one which, by virtue of subsection (1A) or (2) below, cannot be an assured tenancy.
If and so long as a tenancy falls within any paragraph of Schedule 4 to this Act, it cannot be an assured tenancy; and in that Schedule “tenancy” means a tenancy under which a house is let as a separate dwelling.
A tenancy cannot be an assured tenancy if it is granted on or after 1 December 2017 .
Subsection (1) is subject to section 46A.
If, under a tenancy, a house is let together with other land, then, for the purposes of this Act—
if and so long as the main purpose of the letting is the provision of a home for the tenant or, as the case may be, at least one of the joint tenants, the other land shall be treated as part of the house; and
if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a house is let as a separate dwelling.
Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 4 to this Act.
Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and— the separate accommodation shall be deemed to be a house let on an assured tenancy and the following provisions of this section shall have effect.
the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and
by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a house let on an assured tenancy,
While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.
Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (2) above shall prevent those terms from having effect so far as they relate to any such variation or increase.
In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a house.
Where the tenant of a house has sublet a part but not the whole of the house, then, as against his landlord or any superior landlord, no part of the house shall be treated as excluded from being a house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the house include the use of accommodation in common with other persons.
Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
After the termination of a contractual tenancy which was an assured tenancy the person who, immediately before that termination, was the tenant, so long as he retains possession of the house without being entitled to do so under a contractual tenancy shall, subject to section 12 above and sections 18 and 32 to 35 below—
continue to have the assured tenancy of the house; and
observe and be entitled to the benefits of all the terms and conditions of the original contract of tenancy so far as they are consistent with this Act but excluding any— and references in this Part of this Act to a “statutory assured tenancy” are references to an assured tenancy which a person is continuing to have by virtue of this subsection, subsection (1) of section 31 below, or section 3A of the Rent (Scotland) Act 1984.
which makes provision for the termination of the tenancy by the landlord or the tenant; or
which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period) otherwise than by an amount specified in or fixed by reference to factors specified in that contract or by a percentage there specified or fixed by reference to factors there specified, of an amount of rent payable under the tenancy,
A statutory assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the First-tier Tribunal in accordance with the following provisions of this Part of this Act.
The factors referred to in subsection (1)(b)(ii) above must be—
factors which, once specified, are not wholly within the control of the landlord; and
such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.
Notwithstanding anything in the terms and conditions of tenancy of a house being a statutory assured tenancy, a landlord who obtains an order for possession of the house as against the tenant shall not be required to give him any notice to quit.
In this section, in relation to a statutory assured tenancy “the former tenancy” means the tenancy on the termination of which the statutory assured tenancy arises.
Not later than the first anniversary of the termination of the former tenancy, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form—
proposing terms of the statutory assured tenancy other than as to the amount of the rent different from those which have effect by virtue of section 16(1)(b) above; and
proposing, if appropriate, an adjustment of the rent to take account of the proposed terms.
Where a notice has been served under subsection (2) above—
within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may refer the notice to the First-tier Tribunal under subsection (4) below in the prescribed form; and
if the notice is not so referred, then, with effect from such date, not falling within the period of three months referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any other terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.
Where a notice under subsection (2) above is referred to the First-tier Tribunal, the First-tier Tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the First-tier Tribunal’s opinion, might reasonably be expected to be found in a contractual assured tenancy of the house concerned, being a tenancy—
which begins at the termination of the former tenancy; and
which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory assured tenancy at the time of the First-tier Tribunal’s consideration.
Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory assured tenancy, where the First-tier Tribunal determines any terms under subsection (4) above, it shall, if it considers it appropriate, specify such an adjustment to take account of the terms so determined.
In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.
Where a notice under subsection (2) above is referred to the First-tier Tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the First-tier Tribunal may direct— but for the purposes of paragraph (b) above, the First-tier Tribunal shall not direct a date earlier than the date on which the notice in question was referred to them.
the terms determined by the First-tier Tribunal shall become terms of the statutory assured tenancy in substitution for any other terms dealing with the same subject matter; and
the amount of the rent under the statutory assured tenancy shall be altered to accord with any adjustment specified by the First-tier Tribunal,
Nothing in this section requires the First-tier Tribunal to continue with a determination under subsection (4) above if the tenancy has been brought to an end by order of the First-tier Tribunal under this Part of this Act or if the landlord and tenant give notice in writing that they no longer require such a determination.
The First-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.
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.
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If the First-tier Tribunal is satisfied that any of the grounds in Part I or II of Schedule 5 to this Act is established, the Tribunal shall not make an order for possession unless the Tribunal considers it reasonable to do so.
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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.
The First-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—
the ground for possession is Ground 2 ... in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 ... Ground 10 , Ground 15 or Ground 17; and
the terms of the tenancy make provision for it to be brought to an end on the ground in question.
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 First-tier Tribunal shall have regard, in particular, to—
the extent to which any delay or failure to pay rent taken into account by the Tribunal in determining that the Ground is established is or was a consequence of a delay or failure in the payment of relevant housing benefit or relevant universal credit , and
the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.
Subject to the preceding provisions of this section, the First-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.
Nothing in subsection (6) above affects the First-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.
In subsection (4A) above—
“relevant housing benefit” means—
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
any payment on account of any such entitlement awarded under Regulation 91 of those Regulations;
“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;
references to delay or failure in the payment of relevant housing benefit or relevant universal credit do not include such delay or failure so far as referable to any act or omission of the tenant.
Regulations under subsection (4A)(b) may make provision about—
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),
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,
such other matters as the Scottish Ministers consider appropriate.
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)).
The First-tier Tribunal shall not entertain proceedings for possession of a house let on an assured tenancy unless—
the landlord (or, where there are joint landlords, any of them) has served on the tenant a notice in accordance with this section; or
the Tribunal considers it reasonable to dispense with the requirement of such a notice.
The First-tier Tribunal shall not make an order for possession on any of the grounds in Schedule 5 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the Tribunal.
A notice under this section is one in the prescribed form informing the tenant that—
the landlord intends to raise proceedings for possession of the house on one or more of the grounds specified in the notice; and
those proceedings will not be raised earlier than the expiry of the period of two weeks or two months (whichever is appropriate under subsection (4) below) from the date of service of the notice.
The minimum period to be specified in a notice as mentioned in subsection (3)(b) above is—
two months if the notice specifies any of Grounds 1, 2, 5, 6, 7, 9 and 17 in Schedule 5 to this Act (whether with or without other grounds); and
in any other case, two weeks.
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Where a notice under this section relating to a contractual tenancy— the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory assured tenancy arising on the termination of the contractual tenancy.
is served during the tenancy; or
is served after the tenancy has been terminated but relates(in whole or in part) to events occurring during the tenancy,
A notice under this section shall cease to have effect 6 months after the date on or after which the proceedings for possession to which it relates could have been raised.
The First-tier Tribunal may adjourn for such period or periods as the Tribunal thinks fit, proceedings for possession of a house let on an assured tenancy.
On the making of an order for possession of a house let on an assured tenancy or at any time before the execution of such an order, the First-tier Tribunal , subject to subsection (6) below, may— for such period or periods as the Tribunal thinks fit.
sist or suspend execution of the order; or
postpone the date of possession,
On any such adjournment as is referred to in subsection (1) above or on any such sist, suspension or postponement as is referred to in subsection (2) above, the First-tier Tribunal , unless the Tribunal considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy and may impose such other conditions as the Tribunal thinks fit.
If any such conditions as are referred to in subsection (3) above are complied with, the First-tier Tribunal may, if the Tribunal thinks fit, recall any such order as is referred to in subsection (2) above.
In any case where— that person, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such sist, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those occupancy rights were not affected by the termination of the tenancy.
at a time when proceedings are brought for possession of a house let on an assured tenancy, any person having occupancy rights under section 1 or 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is in occupation of the house; and
the assured tenancy is terminated as a result of those proceedings,
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Where a landlord raises proceedings for possession of a house let on an assured tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the house is situated, unless the landlord is that local authority.
Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
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.
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.
On the application of the landlord, the First-tier Tribunal may make such order as Tribunal thinks just either—
terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or
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.
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.
Where the First-tier Tribunal makes an order for possession of a house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 5 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the house.
Any question as to the amount payable by the landlord to a tenant by virtue of subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the First-tier Tribunal .
Subject to subsection (2) below, it shall be an implied term of every assured tenancy that, except with the consent of the landlord, the tenant shall not—
assign the tenancy (in whole or in part); or
sublet or part with possession of the whole or any part of the house let on the tenancy.
Subsection (1) above does not apply if, under the terms of the tenancy, there is provision prohibiting or permitting (whether absolutely or conditionally) assignation, subletting or parting with possession by the tenant.
For the purpose of securing an increase in the rent under a statutory assured tenancy, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect— but not earlier than the expiry of the minimum period after the date of service of the notice.
if the tenancy was at the time of service of the notice a contractual tenancy (whether or not renewed by operation of tacit relocation), immediately after its termination; or
if the tenancy was at the time of service of the notice not such a contractual tenancy, at any time during the tenancy,
The minimum period referred to in subsection (1) above is except in a case where section 25A applies—
if the assured tenancy is for 6 months or more, 6 months;
if the assured tenancy is for less than 6 months, the duration of the tenancy or one month (whichever is the longer) and in any case to which section 25A applies, one month.
Where a notice is served under subsection (1) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the period to which the new rent relates—
the tenant refers the notice to the First-tier Tribunal in the prescribed form; or
the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
Where a notice is served under subsection (1) above but the rent under the tenancy has previously been increased (whether by agreement or by virtue of a notice under subsection (1) above or a determination under section 25 below) the new rent shall take effect not earlier than the first anniversary of the date on which that increase took effect.
Nothing in this section
extends to a statutory assured tenancy of which there is a term which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period) by an amount specified in, or fixed by reference to factors specified in, the tenancy contract or by a percentage there specified, or fixed by reference to factors there specified, of an amount of rent payable under the tenancy or
affects the operation of any term of a contractual tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period)
The factors referred to in subsection (5) above must be—
factors which, once specified, are not wholly within the control of the landlord; and
such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.
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Where, under subsection (3)(a) of section 24 above, a tenant refers to the First-tier Tribunal a notice under subsection (1) of that section, the First-tier Tribunal shall determine the rent at which, subject to subsections (2) and (3) below, the First-tier Tribunal considers that the house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—
which begins at the beginning of the period to which the new rent specified in the notice relates;
the terms of which (other than those relating to rent) are the same as those of the tenancy to which the notice relates; and
in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 5 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.
In making a determination under this section, there shall be disregarded any effect on the rent attributable to—
the granting of a tenancy to a sitting tenant;
an improvement carried out by the tenant or a predecessor in title of his unless the improvement was carried out in pursuance of the terms of the tenancy; and
a failure by the tenant to comply with any terms of the tenancy.
In this section “rent” includes any sums payable by the tenant to the landlord on account of the use of furniture or for services or in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the house concerned or are payable under separate agreements.
Where any rates in respect of the house concerned are borne by the landlord or a superior landlord, the First-tier Tribunal is to make its determination under this section as if the rates were not so borne.
In any case where— the the First-tier Tribunal shall make a determination in relation to the section 17 reference before making its determination in relation to the section 24 reference and, accordingly, in such a case the reference in subsection (1)(b) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 17 reference.
the First-tier Tribunal has before it at the same time the reference of a notice under section 17(2) above relating to a tenancy (in this subsection referred to as “the section 17 reference”) and the reference of a notice under section 24(1) above relating to the same tenancy (in this subsection referred to as “the section 24 reference”); and
the date specified in the notice under section 17(2) above is not later than the first day of the new period specified in the notice under section 24(1) above; and
the First-tier Tribunal proposes to hear the two references together,
Where a notice under section 24(1) above has been referred to the First-tier Tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the First-tier Tribunal (together with, in a case where subsection (4) above applies, the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the period to which the new rent specified in the notice relates or, if it appears to the First-tier Tribunal that that would cause undue hardship to the tenant, with effect from such date as the First-tier Tribunal may direct (being a date after the beginning of that period but not after the date when the First-tier Tribunal determined the rent).
Nothing in this section requires the First-tier Tribunal to continue with its determination of a rent for a house if the tenancy has been brought to an end by order of the First-tier Tribunal under this Part of this Act or if the landlord and tenant give notice in writing that they no longer require such a determination.
Nothing in this section or section 24 above affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord reasonable access to the house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.
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This section applies in the case where an assured tenancy to which section 24 above applies, or an agreement relating to the tenancy, provides for the payment by the tenant to the landlord of sums in respect of council tax; and
the first anniversary of the date on which the rent has previously been increased (whether by agreement or by virtue of a notice under section 24(1) above or a determination under section 25) has not occurred; or
a notice is served before 1st April 1993 under section 24(1) above for the purpose of securing an increase in the rent but the new rent has not yet taken effect either by virtue of the notice or a determination under section 25 above.
At any time before— whichever is the earlier, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take account of any sums payable by the tenant to the landlord in respect of council tax and specifying a date when the new rent shall take effect.
1st April 1994; or
the first anniversary of the date when the existing rent took effect,
The date specified in subsection (2) above shall, unless either of the conditions mentioned in subsection (4) below applies, be a date not earlier than one month after the date of service of the notice under this section.
The conditions referred to in subsection (3) above are that before the date specified in the notice—
the tenant by an application in the prescribed form refers the notice to the First-tier Tribunal; or
the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
Nothing in this section or section 25B affects the right of the landlord and tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
No more than one notice in respect of any tenancy may be served under this section.
Where a tenant refers to the First-tier Tribunal a notice under section 25A, the First-tier Tribunal shall determine the amount by which the existing rent might reasonably be increased to take into account the tenant’s liability to make payments to the landlord in respect of council tax.
A determination under subsection (1) above shall, unless the landlord and tenant otherwise agree, have effect—
from the date specified in the notice under section 25A(2); or
if it appears to the First-tier Tribunal that such effect would cause undue hardship to the tenant, from such later date (being not later than the date of the determination) as the First-tier Tribunal may direct.
In any case where— the First-tier Tribunal shall make a determination in relation to the section 24 reference before making their determination in relation to the section 25A reference.
the First-tier Tribunal has before it at the same time a section 24 reference and a section 25A reference relating to the same tenancy; and
the date specified in the notice under section 24(1) is not later than the date specified in the notice under section 25A; and
the First-tier Tribunal proposes to hear the two references together,
In any case where paragraphs (a) and (c), but not paragraph (b), of subsection (3) above are satisfied—
the First-tier Tribunal shall make a determination in relation to the section 24 reference before the section 25A reference; and
the rent determined for the purposes of the section 25A reference shall take effect from the date specified in the notice given under that section.
In this section—
“section 24 reference” means the reference of a notice under section 24(1);
“section 25A reference” means the reference of a notice under section 25A; and
“rent” has the same meaning as in section 25.
Section 25(2) applies to a determination under this section as it applies to a determination under that section.
A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)—
prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or
prohibiting the tenant from being a benefits claimant.
But—
subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and
subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.
For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—
section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
it contains a term which makes provision (however expressed) requiring the landlord—
to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or
to prohibit the tenant from being a benefits claimant.
In this section—
“benefits and welfare legislation” means—
the Social Security Contributions and Benefits Act 1992,
Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 (which make it an offence to require premiums and advance payment of rent in respect of protected tenancies and make related provision) shall apply in relation to assured tenancies as they apply in relation to protected tenancies (including protected tenancies which are regulated tenancies), but with the following modifications—
section 83(5) shall not apply; and
section 88(1) shall apply as if for the references to 12th August 1971 there were substituted references to the date of commencement of this section.
If the First-tier Tribunal makes an order for possession of a house from a tenant nothing in the order shall affect the right of any sub-tenant to whom the house or any part of it has been lawfully sublet on an assured tenancy before the commencement of the proceedings to retain possession by virtue of this Part of this Act, nor shall the order operate to give a right to possession as against any such sub-let.
Where an assured tenancy of a house is terminated, either as a result of an order for possession or for any other reason, any sub-tenant to whom the house or any part of it has been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenant’s assured tenancy had continued.
A tenancy which, but for paragraph 2 of Schedule 4 to this Act, would have been an assured tenancy shall be treated for the purposes of subsection (2) above as an assured tenancy.
No diligence shall be done in respect of the rent of any house let on an assured tenancy except with the leave of the First-tier Tribunal ; and the Tribunal shall, with respect to any application for such leave, have the same powers with respect to adjournment, sist, suspension, postponement and otherwise as are conferred by section 20 above in relation to proceedings for possession of such a house.
It shall be the duty of the landlord under an assured tenancy (of whatever duration)—
to draw up a document stating (whether expressly or by reference) the terms of the tenancy;
to ensure that it is so drawn up and executed that it is probative or holograph of the parties; and
to give a copy of it to the tenant.
On ... application by a tenant under an assured tenancy, the First-tier Tribunal shall by order— and, where the Tribunal has made such a declaration in relation to a document which the Tribunal has drawn up or adjusted, it shall be deemed to have been duly executed by the parties as so drawn up or adjusted.
where it appears to the Tribunal that the landlord has failed to draw up a document which fairly reflects the existing terms of the tenancy, draw up such a document or, as the case may be, adjust accordingly the terms of such document as there is; and
in any case, declare that the document (as originally drawn up or, where the Tribunal has drawn it up or adjusted it, as so drawn up or adjusted) fairly reflects the terms of the assured tenancy;
A tenant shall not be required to make payment in respect of anything done under subsection (1) above.
Where, under an assured tenancy, rent is payable weekly, it shall be the duty of the landlord to provide a rent book.
A rent book shall contain such notices which shall be in such form and shall relate to such matters as may be prescribed and otherwise shall comply with such requirements as may be prescribed.
If, at any time, the landlord fails to comply with any requirement imposed by or under subsection (4) or (5) above he and any person who on his behalf demands or receives rent in respect of the tenancy shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
Where an offence under subsection (6) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
In any case where— the tenant’s spouse or civil partner shall, as from the death and for so long as he or she retains possession of the house without being entitled to do so under a contractual tenancy, be entitled to a statutory assured tenancy of the house.
the sole tenant under an assured tenancy dies; and
immediately before the death the tenant’s spouse or civil partner was occupying the house as his or her only or principal home; and
the tenant was not himself a successor as explained in subsection (2) or (3) below,
For the purposes of this section, a tenant was a successor in relation to a tenancy—
if the tenancy had become vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or
if he was a statutory assured tenant by virtue of section 3A of the Rent (Scotland) Act 1984; or
if at some time before the tenant’s death the tenancy was a joint tenancy held by him and one or more other persons and, prior to his death, he had become the sole tenant by survivorship; or
in the case of a tenancy (hereinafter referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—
at some time before the grant of the new tenancy he was, by virtue of paragraph (a), (b) or (c) above, a successor to an earlier tenancy of the same or substantially the same house as is let under the new tenancy; and
at all times since he became such a successor he has been a tenant (alone or jointly with others) of the house which is let under the new tenancy or of a house which is substantially the same as that house.
No order for possession under Ground 7 of Schedule 5 to this Act shall be made—
in relation to a case to which this section relates by virtue of subsection (1) above; or
where the tenant’s spouse or civil partner succeeds to the tenancy under the will or intestacy of the tenant.
For the purposes of this section a person who was living with the tenant at the time of the tenant’s death .
as his or her wife or husband shall be treated as the tenant’s spouse
in a relationship which had the characteristics of the relationship between civil partners shall be treated as the tenant’s civil partner
A person who is to be the landlord under an assured tenancy (of whatever duration) must provide the person who is to be the tenant of that tenancy with the documents specified by virtue of section 30B(1) (“the standard tenancy documents”).
The standard tenancy documents must be provided no later than the date on which the assured tenancy commences.
Where there are to be joint landlords under the tenancy, the duty under subsection (1) may be satisfied by any one of them.
A person under the duty mentioned in subsection (1) who (without reasonable excuse) does not comply with that duty is guilty of an offence.
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Where an offence under subsection (4) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
The Scottish Ministers may by order—
specify the documents to be provided under section 30A(1) which may, in particular, include—
documents containing information about the tenancy;
documents containing information about the house;
documents containing information about the person who is to be the landlord;
documents containing information about the rights and responsibilities of tenants and landlords;
copies of documents which the person who is to be the landlord is under a duty to provide by virtue of this Act (other than section 30A(1)) or any other enactment;
make such further provision about the documents as they think fit, including, in particular, provision about the form of, and the information to be included in (or excluded from), any of the documents;
make provision so that the giving of a document (or copy of a document) specified under subsection (1)(a)(v), either in pursuance of the duty under section 30A(1) or by virtue of another provision of this Act or any other enactment, has the effect of satisfying all or any such obligations;
make provision about whether the documents may be provided separately or whether they must all be provided at the same time.
Before making an order under subsection (1), the Scottish Ministers must consult—
such persons and bodies as they consider representative of the interests of— as they consider appropriate; and
tenants;
private sector landlords;
persons who act as agents for such landlords,
such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).
Subsection (2) applies where—
a sole tenant under an assured tenancy dies on or after 1 December 2017 , and
an individual succeeds to the tenancy.
As soon as the individual becomes the tenant, the tenancy—
ceases to be an assured tenancy (if, but for this section, it would have been one), and
becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.
A short assured tenancy is an assured tenancy—
which is for a term of not less than six months; and
in respect of which a notice is served as mentioned in subsection (2) below.
The notice referred to in subsection (1)(b) above is one which—
is in such form as may be prescribed;
is served before the creation of the assured tenancy;
is served by the person who is to be the landlord under the assured tenancy (or, where there are to be joint landlords under the tenancy, is served by a person who is to be one of them) on the person who is to be the tenant under that tenancy; and
states that the assured tenancy to which it relates is to be a short assured tenancy.
Subject to subsection (4) below, if, at the finish of a short assured tenancy— the continued tenancy ... shall be a short assured tenancy, whether or not it fulfils the conditions in paragraphs (a) and (b) of subsection (1) above.
it continues by tacit relocation; ...
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Subsection (3) above does not apply if, before the beginning of the continuation of the tenancy ..., the landlord or, where there are joint landlords, any of them serves written notice in such form as may be prescribed on the tenant that the continued ... tenancy is not to be a short assured tenancy.
Section 25 above shall apply in relation to a short assured tenancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to a short assured tenancy.
Without prejudice to any right of the landlord under a short assured tenancy to recover possession of the house let on the tenancy in accordance with sections 12 to 31 of this Act, the First-tier Tribunal may make an order for possession of the house if the Tribunal is satisfied—
that the short assured tenancy has reached its finish;
that tacit relocation is not operating; ...
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that the landlord (or, where there are joint landlords, any of them) has given to the tenant notice stating that he requires possession of the house , and
that it is reasonable to make an order for possession.
The period of notice to be given under subsection (1)(d) above shall be—
if the terms of the tenancy provide, in relation to such notice, for a period of more than two months, that period;
in any other case, two months.
A notice under paragraph (d) of subsection (1) above may be served before, at or after the termination of the tenancy to which it relates.
Where the First-tier Tribunal makes an order for possession of a house by virtue of subsection (1) above, any statutory assured tenancy which has arisen as at that finish shall end (without further notice) on the day on which the order takes effect.
For the avoidance of doubt, sections 18 and 19 do not apply for the purpose of a landlord seeking to recover possession of the house under this section.
Subject to subsection (2) and section 35 below, the tenant under a short assured tenancy may make an application in the prescribed form to the First-tier Tribunal for a determination of the rent which, in the First-tier Tribunal’s opinion, the landlord might reasonably be expected to obtain under the short assured tenancy.
No application may be made under this section if the rent payable under the tenancy is a rent previously determined under this section or section 25 above.
Where an application is made to the First-tier Tribunal under subsection (1) above with respect to the rent under a short assured tenancy, the First-tier Tribunal shall not make such a determination as is referred to in that subsection unless it considers —
that there is a sufficient number of similar houses in the locality let on assured tenancies (whether short assured tenancies or not); and
that the rent payable under the short assured tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.
Where, on an application under this section, the First-tier Tribunal make a determination of a rent for a short assured tenancy—
the determination shall have effect from such date as the First-tier Tribunal may direct, not being earlier than the date of the application;
if at or after the time when the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and
no further new rent for a tenancy of the house shall take effect under section 24(3) or 25 above until after the first anniversary of the date on which the determination takes effect.
Subsections (3), (4) and (7) of section 25 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section.
If the Secretary of State by order so provides, section 34 above shall not apply in such cases or to tenancies of houses in such areas or in such other circumstances as may be specified in the order.
No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
This section applies if, at any time after 3rd December 1987, a landlord or any person acting on his behalf unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.
This section also applies if, at any time after 6th July 1988, a landlord or any person acting on his behalf— does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and, as a result, the residential occupier gives up his occupation of the premises as a residence.
attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises; or
knowingly or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—
to give up his occupation of the premises or any part thereof; or
to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof,
Subject to the following provisions of this section, where this section applies, the landlord shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 37 below.
Any liability arising by virtue of subsection (3) above—
shall be in the nature of a liability in delict; and
subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in delict, contract or otherwise).
Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.
Any action to enforce liability arising from this section must be raised in the First-tier Tribunal unless the residential occupant's claim is founded on the premises in question being subject to a Scottish secure tenancy or to a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)).
No liability shall arise by virtue of subsection (3) above if—
before the date on which the proceedings to enforce the liability are finally decided, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or
at the request of the former residential occupier, the sheriff or First-tier Tribunal makes an order as a result of which he is reinstated as mentioned in paragraph (a) above.
In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defender to prove that he believed, and had reasonable cause to believe—
that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or
that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
In this section—
“residential occupier”, in relation to any premises, means a person occupying the premises as a residence whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises;
“the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;
“former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).
For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided—
if no appeal may be made against the decision in these proceedings;
if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused;
if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or
if an appeal is made but is abandoned before it is determined.
If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court or, as the case may be, the First-tier Tribunal — the court or, as the case may be, the First-tier Tribunal may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.
that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or
that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,
The basis for the assessment of damages referred to in section 36(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between—
the value of the landlord’s interest determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and
the value of the landlord’s interest determined on the assumption that the residential occupier has ceased to have that right.
For the purposes of the valuations referred to in subsection (1) above, it shall be assumed—
that the landlord is selling his interest in the premises on the open market to a willing buyer;
that neither the residential occupier nor any member of his family wishes to buy; and
that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land.
Subsection (8) of section 36 above applies in relation to this section as it applies in relation to that.
Section 83 of the Housing (Scotland) Act 1987 (meaning of “members of a person’s family”) applies for the purposes of subsection (2)(b) above.
The reference in subsection (2)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than— and in this subsection “general development order” has the same meaning as in section 40(3) of the Town and Country Planning (Scotland) Act 1972 and other expressions have the same meaning as in that Act.
development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or
a change of use resulting in a building on the land or any part of such a building being used as, or as part of, one or more dwelling-houses;
Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”.
After that subsection there shall be inserted the following subsections—.
In subsection (1) of section 23 of the Rent (Scotland) Act 1984 (prohibition of eviction without due process of law) before the word “it” there shall be inserted the words “subject to section 23A,”.
After subsection (2) of that section there shall be inserted the following subsection—.
In section 24 of the Rent (Scotland) Act 1984 (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—.
After section 23 of the Rent (Scotland) Act 1984 there shall be inserted the following section—.
The Secretary of State may by order repeal sections 33 (phasing of rent increases) and 58 (phasing of progression to registered rent) of the Rent (Scotland) Act 1984.
An order under subsection (1) above may amend any enactment (including this Act).
No order under subsection (1) above shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
In the said section 33, in subsection (1) for the words “of 12 months” in both places where they occur there shall be substituted the words “specified in the order”.
In the said section 58—
in subsections (3) and (4), at the end there shall be added the words “or for such other period as the Secretary of State may by order specify”;
after subsection (7) there shall be inserted the following subsection—.
A tenancy which begins on or after the commencement of this section cannot be a protected tenancy, unless—
it is entered into in pursuance of a contract made before the commencement of this section; or
it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the protected tenant (or one of the protected tenants) or a statutory tenant of the same landlord; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the First-tier Tribunal being satisfied as mentioned in section 11(1)(a) of the Rent (Scotland) Act 1984 (suitable alternative accommodation available) or on it appearing to the court, under section 48(2)(b) or (c) of the Housing (Scotland) Act 1987, that other suitable accommodation was available; and
the tenancy is of the premises which constitute the suitable alternative accommodation as to which the First-tier Tribunal was so satisfied or, as the case may be, the other suitable accommodation which appeared to the court to be available; and
in the proceedings for possession the First-tier Tribunal or, as the case may be, the court directed that the tenancy would be a protected tenancy; or
it is granted in compliance with a direction under section 51(2)(ii) of the Housing (Scotland) Act 1987 (power of sheriff to direct that tenant of wrongfully repossessed house be given suitable alternative accommodation) or in pursuance of section 282(3)(b) of that Act (grant of tenancy upon acquisition by public sector authority of defective dwelling).
In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include— and in this subsection “short tenancy” includes a tenancy which, in proceedings for possession under Case 15 in Schedule 2 to to the Rent (Scotland) Act 1984 is treated as a short tenancy.
a tenant under a short tenancy;
a protected or statutory tenant of a dwelling-house which was let under a short tenancy which has ended and in respect of which either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant,
Expressions used in this section have the same meaning as in the Rent (Scotland) Act 1984.
In this section—
“housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies;
“secure tenancy” has the same meaning as in Part III of the Housing (Scotland) Act 1987.
A tenancy which is entered into on or after the commencement of this section cannot be a housing association tenancy unless—
it is entered into in pursuance of a contract made before the commencement of this section; or
it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or one of the tenants) under a housing association tenancy of the same landlord; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the Housing (Scotland) Act 1987; and
the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and
in the proceedings for possession the court directed that it would be a housing association tenancy.
A tenancy which is entered into on or after the commencement of this section cannot be a secure tenancy unless—
the interest of the landlord belongs to—
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or
a regional council, or a joint board or joint committee of 2 or more regional councils, or any trust under the control of a regional council; or
Scottish Water;
a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980); or
the Scottish Special Housing Association; or
Scottish Homes; ...
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it is entered into in pursuance of a contract made before the commencement of this section; or
it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was the secure tenant (or any one of the secure tenants) of the same landlord; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the Housing (Scotland) Act 1987; and
the tenancy is of premises which constitute the suitable accommodation as to which the court was so satisfied; and
in the proceedings for possession referred to in sub-paragraph (i) above the court directed that it would be a secure tenancy.
No contract entered into after the commencement of this section shall be a Part VII contract for the purposes of the Rent (Scotland) Act 1984 unless it is entered into in pursuance of a contract made before the commencement of this section.
If the terms of a Part VII contract are varied after the commencement of this section then, subject to subsection (3) below—
if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and
if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.
Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—
a reduction or increase effected under section 66 of the Rent (Scotland) Act 1984 (power of the First-tier Tribunal); or
a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 67 of the Rent (Scotland) Act 1984.
Section 70(2) of the Rent (Scotland) Act 1984 (no cancellation of registration of rent until after 3 years) shall cease to have effect.
In this section “rent” has the same meaning as in Part VII of the Rent (Scotland) Act 1984.
The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—
at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (4) below); and
at some time after that commencement the interest of the landlord ceases to be so held.
The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—
at that commencement or, if it is later, at the time it is entered into, it is a housing association tenancy; and
at some time after that commencement, it ceases to be such a tenancy.
On and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—
the tenancy shall not be capable of being a protected tenancy or a housing association tenancy;
the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and
paragraph 1 of Schedule 4 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.
For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—
it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or
it belongs to a regional council, or a joint board or joint committee of 2 or more regional councils, or any trust under the control of a regional council; or
it belongs to Scottish Water;
it belongs to a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980); or
it belongs to the Scottish Special Housing Association; or
it belongs to Scottish Homes; ...
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it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.
In this section—
“housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies; and
“protected tenancy” has the same meaning as in that Act.
In section 3 of the Rent (Scotland) Act 1984 (which makes provision as to statutory tenants and tenancies) in subsection (1) after the word “sections” there shall be inserted “3A,”.
After section 3 of that Act there shall be inserted the following section—.
Part I of Schedule 6 to this Act shall have effect for the purpose of inserting new Schedules 1A and 1B into the Rent (Scotland) Act 1984.
If and so long as a house is subject to an assured tenancy to which a person has become entitled by succession, section 18 of and Schedule 5 to this Act shall have effect subject to the modifications in Part II of Schedule 6 to this Act.
In section 5 of the Rent (Scotland) Act 1984 (exclusion from being protected or statutory tenancy) after subsection (5) there shall be inserted the following subsection—.
In section 55 of that Act (tenancies to which sections 55 to 59 of that Act apply) after the word “above” there shall be inserted the words “but do not apply, and shall be deemed never to have applied, to a tenancy which is a lease under a shared ownership agreement within the meaning of section 106(2) of the Housing Associations Act 1985.”.
In section 53 of the Rent (Scotland) Act 1984 (regulations of the Secretary of State) at the end of paragraph (b) of subsection (1) (procedure of rent officers ...) there shall be added the words “whether under this Act or the Housing (Scotland) Act 1988”.
The First-tier Tribunal may by notice in the prescribed form served on the landlord or the tenant require him to give to the First-tier Tribunal, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as it may reasonably require for the purposes of its functions.
If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
The First-tier Tribunal shall keep and make publicly available, in such manner as is specified in an order made by the Secretary of State, such information as may be so specified with respect to rents under assured tenancies which have been the subject of, or taken into account on, references or applications to, or determinations by, the First-tier Tribunal.
A copy of any information kept under subsection (1) above, purporting to be certified under the hand of an authorised officer of the First-tier Tribunal shall, unless the contrary is shown, be deemed to have been signed by such officer and be sufficient evidence of that information.
An order under subsection (1) above—
may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and
may make different provision with respect to different cases or description of case, including different provision for different areas.
In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 25 or 34 above, the First-tier Tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the First-tier Tribunal, is fairly attributable to the provision of services, except where that amount is in its opinion negligible; and the amounts so noted may be included in the information specified in an order under section 49 below.
Any local authority shall have power to publish information, for the assistance of landlords and tenants, as to their rights and duties under the provisions of this Part of this Act and as to the procedure for enforcing those rights or securing the performance of those duties.
Subject to subsection (2) below and paragraph 10 of Schedule 4 to this Act, this Part of this Act applies in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in relation to which no such interest subsists or ever subsisted.
Sections 36 and 37 of this Act do not bind the Crown but sections 38 to 40 of this Act bind the Crown to the extent provided for in section 26 of the Rent (Scotland) Act 1984.
In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.
Nothing in this Part of this Act prejudices any rule of law relating to the effect of the giving of notice of termination of a lease upon the operation of tacit relocation.
Any power of the Secretary of State to make orders or regulations under this Part of this Act shall be exercised by statutory instrument.
A statutory instrument containing any order or regulation under this Part, other than an order under section 35 or 41 above or regulations under section 18(4A)(b) ..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Orders or regulations under this Part may make different provision for different cases or circumstances or different areas and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
A notice served under this Part of this Act on a person or notice so given to him may be served or given —
by delivering it to him;
by leaving it at his last known address; or
by sending it by recorded delivery letter to him at that address.
In this Part of this Act, except where the context otherwise requires— “council tax” means the tax payable under the Local Government Finance Act 1992; “First-tier Tribunal” means the First-tier Tribunal for Scotland; “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber; “house” includes a part of a house; “landlord” includes any person from time to time deriving title from the original landlord and also includes, in relation to a house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the house; “let” includes “sub-let”; “order for possession” means decree of removing or warrant of ejection or other like order; and “proceedings for possession” shall be construed accordingly; “prescribed” means prescribed by regulations made by the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “statutory assured tenancy” shall be construed in accordance with section 16(1) of this Act; “tenancy” includes “sub-tenancy” and an agreement for a tenancy or sub-tenancy; ... “tenant” includes a sub-tenant and any person deriving title from the original tenant or sub-tenant; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 72 (so far as relating to Schedule 8 and to the entries in Schedule 10 in respect of sections 62(11) to (13) and 151 of the Housing (Scotland) Act 1987); and Schedule 8; and in Schedule 10, those entries; shall come into force at the end of the period of two months beginning with the day on which this Act is passed;
Where an offer to sell notice is served upon an applicant and he wishes to exercise the right conferred by this Part of this Act and—
he does not dispute the offer to sell by timeously serving a notice setting out a request under section 59(1) above or by referring the matter to the Lands Tribunal under section 62(1) below; or
any such dispute has been resolved,
is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),
the service upon the applicant of the offer to sell;
section 69 and section 72 (so far as relating to Schedule 7) and this section and that Schedule, shall come into force on the day this Act is passed;
the service on him of an amended offer to sell (or if there are more than one, of the latest amended offer to sell);
sections 36 to 40, 65, 67 and 71; and
a determination by the Lands Tribunal under section 59(3) above which does not require service of an amended offer to sell;
a finding or determination of the Lands Tribunal in a matter referred to it under subsection (1) of section 62 below,
In section 15A—
in subsection (3), for the words from “is”, where second occurring, onward there shall be substituted the words—;
at any time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the house as his only or principal home; or
the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the house as his or his spouse’s only or principal home, and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title from the landlord who gave the notice mentioned above acquired the landlord’s interest in the tenancy for value.
the Tax Credits Act 2002,
in subsection (4)—
for the words “The Housing Corporation” there shall be substituted the words “Scottish Homes”; and
in paragraph (b) after the word “designation” there shall be inserted the words “(including a designation made by the Housing Corporation under subsection (3) above as originally enacted)”.
not later than the date of commencement of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground; and
at some time within the period of 12 months ending on that date the house was subject to such a tenancy as is referred to in paragraph 7(1) of Schedule 4 to this Act;
Any reference in this Part of this Act to the beginning of a tenancy is a reference to the day when the lease of the house let on the tenancy commences.
Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where otherwise provided, any reference in this Part of this Act to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.
The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy.
On the day specified by the landlord and the tenant under subsection (1), the tenancy—
ceases to be an assured tenancy, and
becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”).
But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy.
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This Part of this Act has effect for the purpose of conferring on any person who has been approved under section 57 below or Scottish Homes the right to acquire from a public sector landlord any house— and any other heritable property of which, on that date, the landlord is heritable proprietor and which will reasonably serve a beneficial purpose in connection with the occupation of the house; and, in this Part of this Act, “house” includes any such property.
which, on the relevant date, is occupied by a qualifying tenant; and(b) of which, on that date, the landlord is heritable proprietor,
In subsection (1) above, “heritable proprietor” includes any person entitled under section 3 of the Conveyancing (Scotland) Act 1924 (disposition by uninfeft person) to grant a disposition.
The following are public sector landlords for the purposes of this Part of this Act, namely—
an islands or district council, or a joint board or joint committee of an islands or district council or the common good of an islands or district council, or any trust under the control of an islands or district council;
a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980);
the Scottish Special Housing Association;
the Housing Corporation;
Scottish Homes.
A secure tenant is a qualifying tenant for the purposes of this Part unless he is obliged to give up possession of the house in pursuance of an order of the court or will be so obliged at a date specified in such an order.
The right conferred by this Part of this Act does not extend to a house—
which is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of persons of pensionable age or disabled persons;
which has facilities which are substantially different from those of an ordinary house and has been designed or adapted for occupation by— whose special needs require accommodation of the kind provided by the house; or
a person of pensionable age; or
a disabled person,
which is in an area which is, by order made by the Secretary of State on the application of the islands or district council in whose area it is situated, designated a rural area.
The right conferred by this Part of this Act does not arise in relation to a house if—
it is held by an islands council for the purposes of its functions as an education authority and is required for the accommodation of a person who is or will be employed by the council for those purposes; and
the council is not likely to be able reasonably to provide other suitable accommodation for that person.
An order under subsection (5)(c) above may be made only if within the designated rural area more than one-third of all relevant houses have been acquired under this Part of this Act or purchased, whether under Part III of the Housing (Scotland) Act 1987 (which confers the right to buy upon certain public sector tenants) or otherwise, and the Secretary of State is satisfied that an unreasonable proportion of the houses so acquired or purchased consists of houses which have been resold and are not—
being used as the only or principal homes of the owners; or
subject to regulated tenancies within the meaning of section 8 of the Rent (Scotland) Act 1984, or assured tenancies for the purpose of Part II of this Act.
An order under subsection (5)(c) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of subsection (7) above a “relevant house” is one of which— was landlord.
at 3rd October 1980, the islands or district council in whose area it was situated;
at 7th January 1987, a registered housing association (within the meaning of the Housing Associations Act 1985)
In this Part of this Act “the relevant date”, in relation to an acquisition or proposed acquisition under this Part, means the date on which is made the application under section 58 below seeking to exercise the right conferred by this Part.
In section 14(2) of the Housing (Scotland) Act 1987 (houses which may be sold by local authorities without consent of Secretary of State) in paragraph (a) there shall be added at the end the words “or, in pursuance of Part III of the Housing (Scotland) Act 1988 (change of landlord)”.
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The right conferred by this Part shall not be exercisable except by a person who has been approved by Scottish Homes under this section (in this Part of this Act referred to as an “approved person”) or by Scottish Homes; and neither a public sector landlord (other than Scottish Homes), nor a regional council, or a joint board or joint committee of two or more regional councils or any trust under the control of a regional council, may be so approved.
An approval under this section—
may be given to a particular person or to persons of a particular description;
may apply either generally or in relation to particular acquisitions or acquisitions made in a particular area or within a particular period;
may, in relation to a particular person, specify the maximum number to which the approval extends of houses to be acquired by him under this Part of this Act;
may be given subject to conditions.
An approval under this section may be revoked by Scottish Homes, but without prejudice to any transaction previously completed.
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For the purposes of exercising the right conferred by this Part of this Act, the applicant (that is to say, the approved person or, as the case may be, Scottish Homes) shall serve on the landlord a notice in such form as may be prescribed (in this Part of this Act referred to as an “application”)— In this subsection, “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
containing a statement that the applicant seeks to exercise the right conferred by this Part of this Act; and
accompanied by the consent in writing of the qualifying tenant to an approach being made to their existing landlord.
In subsection (1) above the reference to the qualifying tenant includes any spouse of his or hers who occupies the house as his or her only or principal home and, where there is a joint tenancy, each joint tenant’s spouse who so occupies the house, and in this subsection the reference to a tenant’s or joint tenant’s spouse includes a person of the opposite sex who is living with the tenant or joint tenant as if he or she were the tenant’s or joint tenant’s husband or wife.
The applicant shall, at the same time as he serves an application, serve a copy of it on the qualifying tenant and on Scottish Homes (where the applicant is not Scottish Homes).
An application shall cease to have effect— by notice thereof served upon the landlord.
if the applicant withdraws it; or
if the qualifying tenant withdraws his consent,
Where an application is served under this section and the landlord does not serve notice of refusal under section 61 below, it shall within 2 months after service of the application serve on the applicant a notice (in this Part referred to as an “offer to sell notice”) stating— and containing an offer to sell the house to the applicant at a price equal to that value and under those conditions.
the market value of the house on the date of service of the application;
any conditions which the landlord intends to impose under subsection (9) below
For the purposes of subsection (5) above, the market value of a house shall be determined by either— as the landlord thinks fit.
a qualified valuer nominated by the landlord and accepted by the applicant; or
the district valuer,
In determining the market value of a house for the purposes of subsection (5) above, regard shall be had to the price which, on the relevant date, it would realise if sold on the open market by a willing seller on the following assumptions, namely—
that it was sold subject to the tenancy held by the qualifying tenant but otherwise with vacant possession;
that it was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of the right of acquisition under this Part of this Act;
that the only prospective purchasers were Scottish Homes or the persons who, on that date, were approved under section 57 above; and
that the applicant would, within a reasonable period carry out such works as are reasonably necessary to put the house into the state of repair required by the landlord’s repairing obligations.
Where the circumstances are such that, on the relevant date, a house, if offered for sale in accordance with subsection (7) above, would not realise any price then—
for the purposes of that subsection, the price shall be taken to be—
such amount as would require to be paid to Scottish Homes or a person who, on the relevant date, was approved under section 57 above in order that it or he would willingly so acquire the house, expressed as a negative; or
where Scottish Homes or that person would willingly so acquire it for no consideration, nil;
the market value of the house may be determined under that subsection to be a negative value or nil;
where the market value is so determined, the reference in subsection (5) above to a price equal to the market value shall be construed accordingly and references in this section to selling a house and the purchaser of it shall be construed respectively as references to disposing of it and the acquirer of it; and
where, by virtue of paragraph (c) above, the price of the house is in the negative, the obligation to pay shall be upon the landlord.
The landlord shall, at the same time as it serves an offer to sell notice serve a copy of the notice upon the qualifying tenant.
An offer to sell under this section may be under such conditions as are reasonable, provided that—
they shall not reduce the tenant’s enjoyment and use of the house as tenant of the applicant from that which he had as tenant of the landlord; and
they shall include such terms as are necessary to entitle the applicant to receive a good and marketable title to the house.
A condition which imposes a new charge or an increase of an existing charge for the provision of a service in relation to the house shall provide for the charge to be in reasonable proportion to the cost to the landlord of providing the service.
No condition shall be imposed under this section which has the effect of requiring the applicant or the tenant to pay any expenses of the landlord.
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Where an offer to sell notice is served on an applicant and he wishes to exercise the right conferred by this Part of this Act, but— he may request the landlord to strike out or vary the condition, or to include the new condition as the case may be, by serving on the landlord within one month after service of the offer to sell notice a notice in writing setting out his request; and if the landlord agrees, it shall accordingly serve an amended offer to sell on the applicant within one month of service of the notice setting out the request.
he considers that a condition contained in the offer to sell is unreasonable; or
he wishes to have a new condition included in it,
An applicant who is aggrieved by the refusal of the landlord to agree to strike out or vary a condition, or to include a new condition, or by his failure timeously to serve an amended offer to sell, may, within one month or, with the consent of the landlord given in writing before the expiry of the said period of one month, within 2 months of the refusal or failure, refer the matter to the Lands Tribunal for Scotland (hereinafter in this Part of this Act referred to as the Lands Tribunal) for determination.
In proceedings under subsection (2), the Lands Tribunal may, as it thinks fit, uphold the condition or strike it out or vary it, or insert the new condition, and where its determination results in a variation of the terms of the offer to sell, it shall order the landlord to serve on the applicant an amended offer to sell accordingly within 2 months thereafter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A notice of acceptance under subsection (1) above is of no effect unless the qualifying tenant and the applicant have concluded a lease of the house for a period immediately subsequent to the sale of the house in pursuance of this Part of this Act, being a lease which is conditional upon that sale proceeding.
If a notice of acceptance under subsection (1) above is not served within the period specified in or, as the case may be, agreed under that subsection, the application to which the notice relates shall lapse.
Where an offer to sell (or an amended offer to sell) has been served on the applicant and a relative notice of acceptance has been duly served on the landlord, a contract of sale of the house shall be constituted between the landlord and the applicant on the terms contained in the offer (or amended offer) to sell.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a landlord on which an application has been served—
disputes the applicant’s right under this Part of this Act it shall, by notice (in this Part of this Act referred to as a “notice of refusal”) served within one month after service of the application, refuse the application;
after reasonable inquiry (which shall include reasonable opportunity for the applicant to amend the application), considers that any of the information contained in the application is incorrect in a material particular, it shall, by notice of refusal served within 2 months after the application, refuse the application.
A notice of refusal shall specify the grounds on which the landlord disputes the applicant’s right under this Part of this Act or, as the case may be, the correctness of the information.
Where a landlord serves a notice of refusal on an applicant, the applicant may, within one month thereafter apply to the Lands Tribunal for a finding that the applicant is entitled to exercise the right conferred by this Part on such terms as it may determine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— the applicant may refer the matter to the Lands Tribunal by serving on its clerk a copy of any notice served and of any finding or determination made under this Part of this Act together with a statement of his grievance.
a landlord which has been duly served with an application fails to issue timeously either an offer to sell or a notice of refusal;
the Lands Tribunal has made a determination under section 59(3) above and the landlord has failed to issue an amended offer to sell within 2 months thereafter;
the Lands Tribunal has made a finding under section 61(3) above and the landlord has not, within 2 months, duly progressed the application in accordance with that finding;
a landlord has served an offer to sell which does not comply with a requirement of this Part of this Act,
On a reference to the Lands Tribunal under subsection (1) above, it shall consider whether any of paragraphs (a) to (d) thereof apply and, if it so finds, it may serve an offer to sell notice and do otherwise as the landlord might do in pursuance of such notice; and anything done by it under this subsection shall have effect as if done by the landlord.
Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.
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A person other than Scottish Homes who acquires any property under this Part of this Act shall not dispose of it except with the consent in writing of Scottish Homes.
Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions.
The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above.
In this section references to disposing of property include references to—
granting or disposing of any interest in property;
entering into a contract to dispose of property or to grant or dispose of any such interest; and
granting an option to acquire property or any such interest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “relevant period” means any period within which anything is required by this Part to be done by either of the parties, that is to say, the applicant and the landlord.
At any time before the end of any relevant period, or any such period as previously extended under this subsection, the other party may, by a written notice served on the party to whom the requirement relates, extend or further extend that period.
Where— his application claiming to exercise the right conferred by this Part shall be deemed to be withdrawn, but without prejudice to his making a further such application.
the applicant is the party to whom the requirement relates; and
the relevant period, or that period as extended under subsection (2) above, expires without his doing what he is required by this Part to do within that period,
In subsection (1) of section 62 of the Housing (Scotland) Act 1987 (purchase price of house being purchased in pursuance of tenant’s right) for the words “subsections (7) and (8)” there shall be substituted the words “subsection (6A)”.
For subsections (7) to (9) of that section there shall be substituted the following subsections—.
In subsection (10) of that section, for “(9)” there shall be substituted “(6A)”.
Subsections (11) to (13) of that section shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The said sections 62 and 76 shall, however, continue to apply as originally enacted in relation to the price of a house in respect of which the offer to sell (within the meaning of section 63 of the Housing (Scotland) Act 1987) was served on the tenant prior to the commencement of this section; but nothing in this subsection restricts the power of the tenant to withdraw his application to purchase or prejudices the effect of such withdrawal.
In accordance with a scheme made by a local authority and approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant of the authority either—
by acquiring an interest in a house; or
by carrying out works to a house to provide additional accommodation; or
by both of those means.
A scheme under this section shall contain such provisions as the local authority considers appropriate together with any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—
the persons who are qualifying tenants for the purposes of the scheme;
the interests which qualifying tenants may be assisted to acquire;
the works for the carrying out of which grants may be made;
the circumstances in which a grant may be made for the benefit of a qualifying tenant;
the amount of the grant which may be made in any particular case and the terms on which it may be made;
the limits on the total number and amount of grants which may be made; and
the period within which the scheme is to apply.
The Secretary of State may approve a scheme made by a local authority under this section with or without conditions and, where a scheme has been approved, the authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.
The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local authority concerned; and where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.
Where a scheme made by a local authority under this section has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.
In this section, “local authority” and “house” have respectively the meanings assigned to those expressions by section 338(1) of the Housing (Scotland) Act 1987.
No subsidy or contribution shall be made under the following provisions of the Housing (Scotland) Act 1987 (the “superseded provisions”)— in respect of any expense or expenditure incurred by a local authority on or after 1st April 1989.
section 200 (slum clearance subsidy);
section 254 (contributions towards improvement grants, repairs grants and grants for fire escapes);
section 255 (contributions for improvement of amenities);
section 296 (contributions towards certain other expenses)
No claim for subsidy or contribution under any superseded provision in respect of or towards any expense or expenditure incurred by a local authority before 1st April 1989 shall be entertained by the Secretary of State unless—
it is received by him before 1st October 1989; and
any information reasonably required by him in relation to any such claim is received by him within two months after the receipt by him of the claim.
Where two or more periodic payments of a subsidy or contribution under a superseded provision would, apart from this subsection, fall to be made on or after 1st April 1989, these payments shall be capitalised and made as follows—
if one or more earlier such payments have been made before that date, the Secretary of State shall, instead of making the remaining payments, pay an amount equal to the appropriate percentage of the relevant capital amount;
if no earlier such payment has been made before that date, the Secretary of State shall, instead of making any such payments, pay such amount as appears to him to be equal to the appropriate percentage of the relevant expenditure.
In subsection (3) above— “relevant expenditure”, in relation to a subsidy or contribution, means the expense or expenditure in respect of which the subsidy or contribution was made.
and for the purposes of this Ground a tenancy shall be treated as being for a specified period—
section 72 (so far as relating to the entry in Schedule 10 relating to paragraph (1)(b) of Schedule 16 to the Housing (Scotland) Act 1987) and that entry shall come into force on 1st April 1989;
the tenant has given a notice to quit which has expired; and
not exceeding 12 months, if it is determinable at the option of the landlord (other than in the event of an irritancy being incurred) before the expiration of 12 months from the commencement of the period of the tenancy; and
the remaining provisions shall come into force on such days as the Secretary of State may, by order made by statutory instrument, appoint and different days may be so appointed for different provisions or for different purposes.
the tenant has remained in possession of the whole or any part of the house; and
exceeding 12 months, if it confers on the tenant an option for renewal of the tenancy for a period which, together with the original period, exceeds 12 months, and it is not determinable as mentioned in paragraph (i) above.
proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and
the tenant is not entitled to possession of the house by virtue of a new tenancy.
“the appropriate percentage”, in relation to a relevant capital amount, means the percentage specified in or under the superseded provision in relation to the subsidy or contribution to which the capital amount relates and, in relation to a subsidy or contribution, means the percentage specified in or under the superseded provision in relation to that subsidy or contribution;
the Jobseekers Act 1995,
such amount as the Secretary of State considers would, on the date of his payment under subsection (3)(a) above, be payable by the local authority were they then to repay a loan, repayable over twenty years, taken out by them from the Treasury, as a local loan made under section 3 of the National Loans Act 1968, to meet their expense or, as the case may be, expenditure in respect of or towards which the subsidy or contribution was made; and
any other amount which he considers would be then payable on such repayment of that loan;
Payment made under subsection (3) above shall be—
applied in reduction or extinguishment of such debt (whether then payable or not) of the local authority as the Secretary of State thinks fit; or
made to the local authority; or
partly so applied and partly so made.
Payments made to a local authority under subsection (5) above shall be applied by them in the repayment of such debt and in such manner as the Secretary of State directs.
Notwithstanding the repeal by this Act of section 254 of the Housing (Scotland) Act 1987, subsection (4) of that section (obligation upon local authority to pay to Secretary of State sums recovered by them in consequence of breach of conditions of improvement grant or by way of voluntary repayment of such grant) shall continue to have effect in relation to expense incurred under that section by a local authority prior to 1st April 1989, being expense in respect of which contributions were made under that section.
Paragraph 1(b) of Schedule 16 to the Housing (Scotland) Act 1987 (duty of local authority to credit slum clearance subsidy to slum clearance revenue account) shall cease to have effect on 1st April 1989.
In section 65(1) of the Rent (Scotland) Act 1984 (which empowers the lessor, the lessee and the local authority to refer a Part VII contract to the First-tier Tribunal), the words “or the local authority” and in sections 66(1), 68 and 71 (1) of that Act the words “or the local authority” in each place where they occur shall cease to have effect.
In section 61(1) of the Rent (Scotland) Act 1984, the definition of “housing association” shall have effect, and shall be deemed always to have had effect, with the addition at the end of the wordsexcept that it does not include— .
The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.
An order under this section— and the first order under this section shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
shall be made by statutory instrument which, except in the case of the first order to be made, shall be subject to annulment in pursuance of a resolution of either House of Parliament;
may make different provision for different cases or classes of case and for different areas; and
may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable;
At the end of section 21(6) of the Social Security Act 1986 (regulations prescribing maximum family credit and maximum housing benefit) there shall be added the words “and regulations prescribing the appropriate maximum housing benefit may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under section 70 of the Housing (Scotland) Act 1988”.
In section 30 of that Act (housing benefits finance) at the end of subsection (2) there shall be added the words “and, in relation to the rent allowance subsidy, the Secretary of State may exercise his discretion as to what is unreasonable for the purpose of paragraph (b) above by reference to determinations made by rent officers in exercise of functions conferred by section 70 of the Housing (Scotland) Act 1988.”.
In section 51(1)(h) of that Act (regulations may require information etc. needed for determination of a claim) the reference to information or evidence needed for the determination of a claim includes a reference to information or evidence required by a rent officer for the purpose of a function conferred on him under this section.
In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part II of that Act.
After section 18 of the New Towns (Scotland) Act 1968 there shall be inserted the following section—.
The Housing (Scotland) Act 1987 shall have effect subject to the amendments to that Act specified in Schedules 7 and 8 to this Act (being, respectively, amendments connected with the consolidation of enactments effected by that Act and minor amendments) and shall be deemed always to have had effect subject to the amendments specified in the said Schedule 7.
The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act and other minor amendments).
The enactments specified in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
There shall be defrayed out of money provided by Parliament—
any expenses of the Secretary of State incurred under this Act;
any increase attributable to this Act in the sums so payable under any other enactment.
This Act may be cited as the Housing (Scotland) Act 1988.
This Act shall come into force as follows–
An order under subsection (2) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
Subject to subsection (5) below, this Act extends to Scotland only.
So much of sections 3 and 72 and Schedules 2, 9 and 10 as relates to enactments extending to England and Wales, section 4 and Schedule 3 extend also to England and Wales.
Scottish Homes shall be a body corporate and shall have a common seal.
Scottish Homes shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.
It shall not— and its property shall not be regarded as property of, or held on behalf of, the Crown.
be regarded as a servant or agent of the Crown;
have any status, immunity or privilege of the Crown;
be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,
The members of Scottish Homes shall be— The Secretary of State shall— and a person who is a member or whom the Secretary of State proposes to appoint as a member shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as he may consider necessary for the purpose of carrying out his duty under this paragraph.
The members of Scottish Homes (other than the chief executive) shall, subject to the following provisions, hold and vacate office in accordance with the terms of their appointment. A member may resign his membership by written notice to the Secretary of State. The Secretary of State may remove a member from office if he is satisfied that that member—
The Secretary of State shall appoint one of the members of Scottish Homes to be chairman and may appoint one or more to be deputy chairman or deputy chairmen; and the chairman and deputy chairmen shall, subject to the following provisions, hold and vacate those offices in accordance with the terms of their appointment. The chairman or a deputy chairman may resign his office by written notice to the Secretary of State. If the chairman or a deputy chairman ceases to be a member of Scottish Homes, he also ceases to be chairman or a deputy chairman.
The Secretary of State may pay the chairman, a deputy chairman and members (other than the chief executive) of Scottish Homes such remuneration as he may . . . determine. Scottish Homes may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties. Where a person (other than the chief executive) ceases to be a member of Scottish Homes otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which might make it right for that person to receive compensation, the Secretary of State may . . . direct Scottish Homes to make that person a payment of such amount as the Secretary of State may . . .determine.
The Secretary of State may . . . determine to pay in respect of a person’s office as chairman, deputy chairman or member (other than the chief executive) of Scottish Homes—
such pension, allowance or gratuity to, or in respect of, that person on his retirement or death as may be so determined; or
such contribution or other payments towards provision for such pension, allowance or gratuity as may be so determined.
The Secretary of State shall, after consultation with the chairman or person designated to be chairman, make the first appointment of the chief executive of Scottish Homes on such terms and conditions as he may . . .determine; and thereafter Scottish Homes may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may, with the approval of the Secretary of State . . .determine.
Subject to paragraph 11 below, Scottish Homes may appoint on such terms and conditions as it may, with the approval of the Secretary of State . . . determine, such other employees as it thinks fit. Scottish Homes shall, in respect of such of its employees as it may determine, with the approval of the Secretary of State . . .make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by Scottish Homes or otherwise, of one or more pension schemes. The reference in sub-paragraph (2) above to pensions, allowances or gratuities in respect of employees of Scottish Homes includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment or loss or diminution of emoluments. The Secretary of State . . . may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for— If an employee of Scottish Homes becomes a member of Scottish Homes and was by reference to his employment by Scottish Homes a participant in a pension scheme administered by it for the benefit of its employees—
Scottish Homes shall, not later than such date as the Secretary of State may determine, make an offer of employment by it to each person employed immediately before that date by— and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State. The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made. An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
Where a person becomes an employee of Scottish Homes in consequence of an offer made under paragraph 11 above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Scottish Special Housing Association or, as the case may be the Housing Corporation, shall count as a period of employment by Scottish Homes, and the change of employment shall not break the continuity of the period of employment. Where an offer is made in pursuance of paragraph 11(1) above to any person employed as is mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him and where that person ceases to be so employed— . . . he shall not be treated for the purposes of any scheme under section 24 of the Superannuation Act 1972 or any other scheme as having been retired on redundancy. Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 11(1)(b) above the Housing Corporation shall not terminate that person’s employment unless it has first had regard to the feasibility of employing him in a suitable alternative position with it. Where a person continues in employment in the Scottish Special Housing Association or, as the case may be, the Housing Corporation either— he shall be treated for all purposes as if the offer mentioned in paragraph 11(1) above had not been made.
Any dispute as to whether an offer under sub-paragraph (1) of paragraph 11 above complies with sub-paragraph (2) of that paragraph shall be referred to and be determined by an employment tribunal. An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months. Subject to sub-paragraph (4) below there shall be no appeal from the decision of an employment tribunal under this paragraph. An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an employment tribunal under this paragraph.
The quorum of Scottish Homes and the arrangements for its meetings shall be such as it may determine, subject to any directions given by the Secretary of State.
A member who is directly or indirectly interested in a contract made or proposed to be made by Scottish Homes, or in any other matter whatsoever which falls to be considered by Scottish Homes, shall disclose the nature of his interest at a meeting of Scottish Homes, and the disclosure shall be recorded in the minutes of the meeting. Such a member shall not— For the purposes of this paragraph, a notice given by a member at a meeting of Scottish Homes to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered by Scottish Homes after that date, shall be a sufficient disclosure of his interest. A member need not attend in person a meeting of Scottish Homes in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting.
The validity of any proceedings of Scottish Homes shall not be affected by any vacancy among its members or by any defect in the appointment of a member or by any failure to comply with any requirement of paragraph 15 above.
For and in connection with the discharge of its general functions or powers Scottish Homes may establish such committees (whose members need not be members of Scottish Homes) as appear to it to be appropriate, and the composition and remit of such committees and the terms on which their members hold office shall be determined by Scottish Homes. Scottish Homes shall pay to members of any committee established under sub-paragraph (1) above who are not members of Scottish Homes travelling and other allowances, including compensation for loss of remunerative time, in accordance with arrangements to be determined by the Secretary of State . . ..
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Sections 1 and 3.
Subject to the following provisions of this Schedule, for any reference in any enactment, or in any instrument made under any enactment, to the Scottish Special Housing Association there shall be substituted a reference to Scottish Homes.
In Schedule 2 (departments and authorities subject to investigation)—
at the appropriate place there shall be inserted “Scottish Homes”; and
after Note 8 there shall be inserted—.
In Schedule 1 (offices disqualifying for membership)—
in Part II after the entry relating to the Scottish Development Agency there shall be inserted “Scottish Homes”;
in Part III the entry relating to the Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association appointed at a salary shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 61(1) (interpretation), in the definition of “housing association”, paragraph (a) shall cease to have effect.
; but does not include Scottish Homes.
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For section 23 (compulsory purchase of land by SSHA) there shall be substituted—.
In section 61 (secure tenant’s right to purchase)—
in subsection (4)(e)(i) after the words “Housing Corporation” there shall be inserted the words “or by Scottish Homes”;
in subsection (8) for the words “and the Housing Corporation” in both places where they occur there shall be substituted the words “, the Housing Corporation and Scottish Homes”;
in subsection (9)—
after the words “Housing Corporation” there shall be inserted the words “or by Scottish Homes”;
after the words “the Corporation” there shall be inserted the words “or, as the case may be, Scottish Homes”;
after the words “3(1)” there shall be inserted the words “or, as the case may be, 3(1A)”;
in subsection (11) for paragraph (d) there shall be substituted the following paragraph—
In section 194 (grants payable to SSHA and development corporations)—
in subsection (1) the words “the Scottish Special Housing Association (“the Association”) and to” shall cease to have effect;
in subsection (2) the words “the Association and to” and “the Association, acting otherwise than as agents, or by” shall cease to have effect.
Section 196 (advances to SSHA for provision or improvement of housing accommodation) shall cease to have effect.
In section 202(7) (power of Secretary of State to reduce etc. particular Exchequer contributions) in the definition of “recipient authority” for the words from “, a housing” to “Association” there shall be substituted the words “or a housing association”.
In section 216(1) (house loans to tenants exercising right to purchase) for paragraph (b) there shall be substituted—.
In section 276 (repurchase by authority other than local authority) in the Table for the words “2. The Scottish Special Housing Association” there shall be substituted the words “2. Scottish Homes or the Scottish Special Housing Association”.
In Schedule 12 (termination of exchequer payments) in paragraph 2, Part III shall cease to have effect.
In section 1(1)—
after paragraph (j) there shall be inserted the word “and”;
paragraph (1) and the word “and” immediately preceding it shall cease to have effect.
In Schedule 2, the words “The Scottish Special Housing Association” shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For subsection (1) of section 3 there shall be substituted the following subsections—. In subsection (2) of that section for the words “the register of housing associations” there shall be substituted the words “a register”.
For subsection (1) of section 4 there shall be substituted the following subsections—.
In subsection (1) of section 5— For subsection (2) of that section there shall be substituted the following subsection—. In subsection (3) of that section for the words “the Corporation” there shall be substituted the words “a registration authority”. For subsection (4) of that section there shall be substituted the following subsection—.
In subsection (2) of section 6 for the words “the Housing Corporation” there shall be substituted the words “a registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”. In subsections (3) to (5) of that section for the words “the Corporation” there shall be substituted— In subsection (4) of that section, after paragraph (a) there shall be inserted the following paragraph—.
In subsection (1) of section 7 for the words from “a decision” to the end there shall be substituted the words a decision to remove it from a register maintained under section 3 may appeal against that decision—. In subsections (2) and (3) of that section for the words “the Corporation” there shall be substituted the words “the authority”.
In subsection (1) of section 9 for the words “the Housing Corporation, by order under the seal of the Corporation” there shall be substituted the words “the relevant authority”. In subsections (2) and (3) of that section for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the relevant authority”. For subsection (5) of that section there shall be substituted the following subsection—.
In section 10(1) for the words from “the Charity Commissioners”, in the second place where they occur, to the end there shall be substituted the words but before making an order in such a case, the Charity Commissioners shall—.
In section 13(3) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.
In subsection (1) of section 14 for the words “the Corporation” there shall be substituted the words “the registration authority”. In subsection (2) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”.
In section 15—
in subsection (2) at the end there shall be added the following paragraph—;
in subsection (3) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.
In subsection (1) of section 16 for the words “The Housing Corporation” there shall be substituted the words “The registration authority”. In subsections (2) and (3) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”. In subsection (4) of that section for the words from “the order” to the end there shall be substituted the words the order—.
In section 17 for the words “The Housing Corporation” there shall be substituted the words “The registration authority” and for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the authority”.
In subsection (2) of section 19 for the words “the Housing Corporation” there shall be substituted the words “the registration authority”. In subsection (3) of that section for the words “the Corporation’s consent, given by order under the seal of the Corporation” there shall be substituted the words “the registration authority’s consent”. After subsection (3) of that section there shall be inserted the following subsection—.
In subsections (2) and (5) of section 21 for the words “the Housing Corporation’s consent” and “the Corporation’s consent” there shall be substituted the words “the registration authority’s consent”. In subsection (4) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”. For subsection (6) of that section there shall be substituted the following subsection—.
In section 22(1) for the words “The Housing Corporation” there shall be substituted the words “The registration authority”.
In subsection (1) of section 23 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”. In subsections (2) to (5) of that section for the words “the Corporation” there shall be substituted—
In sections 24(4) and 27(2) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.
In subsection (1) of section 28 for the words “The Housing Corporation” there shall be substituted the words “The registration authority” and for the words “the Corporation’s staff” there shall be substituted the words “the authority’s staff”. In subsection (4) of that section for the words “the Corporation”, in both places where they occur, there shall be substituted the words “the authority”.
In section 29 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the authority”.
In subsection (1) of section 30 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation”, in both places where they occur, there shall be substituted the words “the authority”. In subsections (2), (3) and (5) of that section for the words “the Corporation” there shall be substituted the words “the authority”. In subsection (4) of that section for the words from “the order” to the end there shall be substituted the words the order—.
In subsections (1) and (2) of section 32 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”. In subsections (3) and (5) of that section for the words “the Corporation” there shall be substituted—
In section 40, in the entry relating to “register” and related expressions after the word “registration” there shall be inserted the words “registration authority” and for the words “section 3(2)” there shall be substituted the words “section 3”.
In paragraph 1 of Schedule 2 for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.
Section 12.
A tenancy which is entered into before, or pursuant to a contract made before, this Schedule comes into force.
A tenancy under which, at any time after this Schedule comes into force, either no rent is payable or the rent payable is less than that specified by order made by the Secretary of State, but no tenancy which is or, at any time, was an assured tenancy shall cease to be an assured tenancy by virtue only of this paragraph of this Schedule. In determining whether the rent under a tenancy falls within sub-paragraph (1) above, there shall be disregarded such part (if any) of the sums payable by the tenant as is or was expressed (in whatever terms) to be payable in respect of services, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a part so payable. An order under sub-paragraph (1) above may specify different rents in relation to— An order under sub-paragraph (1) above may specify rent by reference to such periods or times or such other factors or such combinations thereof as may be specified in the order.
A tenancy to which the Tenancy of Shops (Scotland) Act 1949 applies.
A tenancy under which the house consists of or comprises premises licensed for the sale of alcoholic liquor for consumption on the premises.
A tenancy under which agricultural land, exceeding two acres, is let together with the house. In this paragraph “agricultural land” has the same meaning as in section 115(1) of the Rent (Scotland) Act 1984.
A tenancy under which the house—
is on or comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and
is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the and comprised in the lease.
A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons. In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State.
A tenancy the purpose of which is to confer on the tenant the right to occupy the house for a holiday.
A tenancy in respect of which the following conditions are fulfilled— The condition in sub-paragraph (1)(b) above shall be deemed to be fulfilled if the tenancy was granted by trustees and, at the time when the tenancy was granted, the interest of the landlord under the tenancy thereby created was held on trust for a person who was entitled to the liferent or to the fee or a share of the fee of that interest and who occupied as his only or principal home a house which forms part of the building referred to in sub-paragraph (1)(a) above. In determining whether the condition in sub-paragraph (1)(d) above is at any time fulfilled with respect to a tenancy, there shall be disregarded— Throughout any period which, by virtue of sub-paragraph (3)(a) or (b) above, falls to be disregarded for the purpose of determining whether the condition in sub-paragraph (1)(d) above is fulfilled with respect to a tenancy, no order for possession of the house subject to that tenancy shall be made, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy. During any period— the condition in sub-paragraph (1)(d) above shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of sub-paragraph (3) above. This paragraph does not apply to a tenancy of a house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was an assured tenant of that house or of any other house in that building. For the purposes of this paragraph—
A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department but not including such a tenancy if it is under the management of the Crown Estate Commissioners or if it is a tenancy to which section 90B(5) of the Scotland Act 1998 applies.
A tenancy under which the interest of the landlord belongs to—
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;
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Scottish Water;
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a co-operative housing association within the meaning of section 1 of the Housing Associations Act 1985; or
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a registered social landlord within the meaning of the Housing (Scotland) Act 2010 (asp 17).
A tenancy under a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001 (asp 10).
A tenancy granted, for a term of less than 6 months, to a person—
who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or
who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.
A protected tenancy within the meaning of the Rent (Scotland) Act 1984. A housing association tenancy, being a tenancy to which Part VI of that Act applies. A secure tenancy within the meaning of Part III of the Housing (Scotland) Act 1987. A tenancy which is a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.
A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.
A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999.
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Section 18.
Not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground or the First-tier Tribunal is of the opinion that it is reasonable to dispense with the requirement of notice and (in either case)—
at any time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the house as his only or principal home; or
the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the house as his or his spouse’s or civil partner’s only or principal home, and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title from the landlord who gave the notice mentioned above acquired the landlord’s interest in the tenancy for value.
the Social Security (Scotland) Act 2018,
as a result of a default by the debtor the creditor is entitled to sell the house and requires it for the purpose of disposing of it with vacant possession in exercise of that entitlement; and
either notice was given in writing to the tenant not later than the date of commencement of the tenancy that possession might be recovered on this Ground or the sheriff is satisfied that it is reasonable to dispense with the requirement of notice.
and for the purposes of this Ground a tenancy shall be treated as being for a specified period—
not exceeding 12 months, if it is determinable at the option of the landlord (other than in the event of an irritancy being incurred) before the expiration of 12 months from the commencement of the period of the tenancy; and
exceeding 12 months, if it confers on the tenant an option for renewal of the tenancy for a period which, together with the original period, exceeds 12 months, and it is not determinable as mentioned in paragraph (i) above.
The house is subject to a heritable security granted before the creation of the tenancy and—
as a result of a default by the debtor the creditor is entitled to sell the house and requires it for the purpose of disposing of it with vacant possession in exercise of that entitlement; and
either notice was given in writing to the tenant not later than the date of commencement of the tenancy that possession might be recovered on this Ground or the First-tier Tribunal is satisfied that it is reasonable to dispense with the requirement of notice.
The house is let under a tenancy for a specified period not exceeding eight months and—
not later than the date of commencement of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered under this Ground; and
either—
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
none of the following persons acquired his interest in the house for value—
the house was, at some time within the period of 12 months ending on that date, occupied under a right to occupy it for a holiday;
the relevant landlord (or, in the case of joint relevant landlords, any one of them);
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;
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
the relevant landlord cannot reasonably carry out the intended work without the tenant giving up possession of the house because—
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;
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
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
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.
“child” means a person under the age of 18.
not exceeding eight months, if it is determinable at the option of the landlord (other than in the event of an irritancy being incurred) before the expiration of eight months from the commencement of the period of the tenancy; and
not later than the date of commencement of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground; and
not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this ground; and
is unpaid on the date on which the proceedings for possession are begun; and
exceeding eight months, if it confers on the tenant an option for renewal of the tenancy for a period which, together with the original period, exceeds eight months, and it is not determinable as mentioned in paragraph (i) above.
at some time within the period of 12 months ending on that date the house was subject to such a tenancy as is referred to in paragraph 7(1) of Schedule 4 to this Act;
the sheriff is satisfied that the house is required for occupation by such a minister or missionary as such a residence.
except where subsection (1)(b) of section 19 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
The house is let under a tenancy for a specified period not exceeding eight months and—
not later than the date of commencement of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered under this Ground; and
the house was, at some time within the period of 12 months ending on that date, occupied under a right to occupy it for a holiday;
and for the purposes of this Ground a tenancy shall be treated as being for a specified period—
not exceeding eight months, if it is determinable at the option of the landlord (other than in the event of an irritancy being incurred) before the expiration of eight months from the commencement of the period of the tenancy; and
exceeding eight months, if it confers on the tenant an option for renewal of the tenancy for a period which, together with the original period, exceeds eight months, and it is not determinable as mentioned in paragraph (i) above.
The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a residence from which to perform the duties of his office and—
not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this ground; and
the First-tier Tribunal is satisfied that the house is required for occupation by such a minister or missionary as such a residence.
The landlord who is seeking possession or, where the immediate landlord is a registered housing association within the meaning of the Housing 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”)—
either—
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
none of the following persons acquired his interest in the house for value—
the relevant landlord (or, in the case of joint relevant landlords, any one of them);
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;
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
the relevant landlord cannot reasonably carry out the intended work without the tenant giving up possession of the house because—
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;
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
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
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.
The tenancy has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the First-tier Tribunal so directs, after the date on which, in his opinion, the landlord (or, where there are joint landlords, any of them) became aware of the former tenant’s death. For the purposes of this Ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.
...
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
The following conditions are fulfilled—
the tenant has given a notice to quit which has expired; and
the tenant has remained in possession of the whole or any part of the house; and
proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and
the tenant is not entitled to possession of the house by virtue of a new tenancy.
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Some rent lawfully due from the tenant—
is unpaid on the date on which the proceedings for possession are begun; and
except where subsection (1)(b) of section 19 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any one of joint tenants or any person residing or lodging with him or any sub-tenant of his; and, in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or a sub-tenant of his, the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. In this Ground, “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.
In this Ground, “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.
The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has— In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.
been convicted of—
using or allowing the house to be used for immoral or illegal purposes; or
an offence punishable by imprisonment committed in, or in the locality of, the house; or
acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or
pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.
The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the tenant or any other person residing or lodging with him in the house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
The house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment. For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.
For the purposes of Ground 9 above, a certificate of the local authority for the area in which the house in question is situated, or, where the house in question is in a new town, of the development corporation established for its purposes under the New Towns (Scotland) Act 1968 or, in any case, of Scottish Homes, certifying that the authority, the Corporation or, as the case may be, Scottish Homes, will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.
Where no such certificate as is mentioned in paragraph 1 above is produced to the First-tier Tribunal , accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either— and, in the opinion of the Tribunal , the accommodation fulfils the relevant conditions as defined in paragraph 3 below.
premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—
a tenancy in respect of which notice is served not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above; or
a short assured tenancy, within the meaning of Part II of this Act; or
premises to be let as a separate dwelling on terms which will, in the opinion of the Tribunal , afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of an assured tenancy of a kind mentioned in paragraph (a) above,
For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either— that, if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. For the purposes of sub-paragraph (1)(a) above, a certificate of a local authority or development corporation or of Scottish Homes stating— shall be conclusive evidence of the facts so stated.
Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded house for the purposes of Part VII of the Housing (Scotland) Act 1987.
Any document purporting to be a certificate of a local authority or development corporation named therein or of Scottish Homes issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that body shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.
Local authorities, development corporations and Scottish Homes may, for the purposes of this Part of this Schedule, furnish particulars as to the availability, extent and character of alternative accommodation.
In this Part of this Schedule “local authority” means an islands or district council.
If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds 1 to 5 in Part I of this Schedule, then, for the purposes of the Ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below. Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy— Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.
Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 1 in Part 1 of this Schedule, the reference in paragraph (b) of that ground to the landlord’s interest in the tenancy is a reference to such an interest in the earlier tenancy and in any later tenancy falling within paragraph 8(2) above.
Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that Ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.
Section 46.
After Schedule 1 to the Rent (Scotland) Act 1984 there shall be inserted the following Schedules—.
In relation to the assured tenancy to which the person becomes entitled by succession, section 18 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “or that the circumstances are as specified in any of Cases 11, 12, 17, 18, 19, and 21 in Schedule 2 to the Rent (Scotland) Act 1984”.
In relation to the assured tenancy to which the person becomes entitled by succession, any notice given for the purpose of Case 13, Case 14 or Case 16 of Schedule 2 to the Rent (Scotland) Act 1984 to the original tenant (within the meaning of Schedule I to the Rent (Scotland) Act 1984) shall be treated as having been given for the purposes of whichever of Grounds 4 to 6 in Schedule 5 to this Act corresponds to the Case in question. Where sub-paragraph (1) above applies, the regulated tenancy of the said original tenant shall be treated, in relation to the assured tenancy of the person so entitled, as “the earlier tenancy” for the purposes of Part IV of Schedule 5 to this Act.
Section 72.
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In section 114 (closing order) in subsection (5) after the word “shall” there shall be inserted the word “ have ”.
In section 129 (appeals) in subsection (1) for “, (3) and (4)” there shall be substituted the words “ to (7) ”.
In section 139 (penalty for causing or permitting overcrowding) in subsection (2)(a) for the words “age of 10” there shall be substituted the words “ age of one or 10 ”.
In section 151 (interpretation of Part VII) in subsection (2) for the words “139(3), 140(1) and (2) and 144(1) and (2)” there shall be substituted the words “ 139, 140 and 144 ”.
In section 173 (warrant to authorise entry) in subsection (5)(a) for the word “entry” there shall be substituted the word “ enter ”.
In section 179 (general effect of control order) in subsection (3) for the word “on” there shall be substituted the word “ or ”.
In section 200 (slum clearance subsidy) in subsection (2) for “(2)” there shall be substituted “ (1) ”.
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in subsection (5)—
for “240, 242(1), (4) and (7)” there shall be substituted “242(1), (3), (5) and (7) to (10) and 244”; and
for “244(6)” there shall be substituted “244(7)”; and
in subsection (6)(c) at the end there shall be added “and 247.”.
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for “(1A), (3), (4), (6) and (7)” there shall be substituted “, (3) and (5) to (10)”; and
for “244(6)” there shall be substituted “244(7)”.
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In section 254 (exchequer contributions towards certain grants) in each of subsections (1) and (2) for “250” there shall be substituted “ 249 ”.
In section 255 (exchequer contributions in respect of amenities) in each of subsections (1), (4)(b) and (10) for “248” there shall be substituted “ 251 ”.
In section 268 (notice of determination) in subsection (4) for the words “1 to 3” and “281, 283 and 284(1)” respectively there shall be substituted the words “ 2, 3 and 7 ” and “ 282, 284 and 285 ”.
In section 276 (repurchase by authority other than local authority), in subsection (3), in paragraph (a), for “21” there shall be substituted “ 20 ”.
In section 281 (effect of repurchase on certain existing tenancies) in subsection (2)(b) for the words “34(1)(d) of the Tenants’ Rights, Etc (Scotland) Act 1980” there shall be substituted the words “ 9(1)(d) of the Rent (Scotland) Act 1984 ”.
In section 282 (grant of tenancy to former owner-occupier) in subsection (2) for “44(1)” there shall be substituted “ 44(2) ”.
In section 283 (grant of tenancy to former statutory tenant) in subsection (1)—
after “44” there shall be inserted “ (2) ”; and
in paragraph (d) for the words “34(1)(d) of the Tenants’ Rights, Etc. (Scotland) Act 1980 (notice that tenancy is to be a protected shorthold tenancy)” there shall be substituted the words “ 9(1)(d) of the Rent (Scotland) Act 1984 (notice that the tenancy is to be a short tenancy) ”.
In section 285 (request for tenancy under sections 282 or 283) in subsection (1)(a) for the words “paragraph 4” there shall be substituted the words “ paragraph 3 ”.
In section 296 (contributions by Secretary of State) in subsection (4)(b) for “8 of Schedule 21” and “8(1)(a)” there shall be substituted respectively “ 10 of Schedule 20 ” and “ 10(1)(a) ”.
In section 299 (jurisdiction of sheriff) in subsection (2)(b) for the words “paragraph (9) of Schedule 21” there shall be substituted the words “ paragraph 11(1) of Schedule 20 ”.
In section 338 (interpretation) in the definition of “standard amenities” for “244(5)” there shall be substituted “ 244(6) ”.
In Schedule 7 (application of enactments) in paragraph 13—
in sub-paragraph (2) for the words “those Parts respectively” there shall be substituted the words “ Part I of this Act ”; and
in sub-paragraph (3)(a) for the words “Part I of this Act or Part II of Schedule 8 (as the case may be)” there shall be substituted the words “ Part III of Schedule 8 ”.
In Schedule 20 (assistance by way of repurchase) in paragraph 3 for the words “a notice” there shall be substituted the words “ an offer to purchase ”.
In Schedule 24 (repeals) in the entry relating to the Rent (Scotland) Act 1984, in column 3, for “5(2)(b)” there shall be substituted “ 5(2)(d) ”.
Section 72.
In section 61 (secure tenant’s right to purchase) after subsection (2) there shall be inserted the following subsection—.
In section 62 (price of house being purchased by secure tenant)—
in subsection (2)—
after the word “by”, where first occurring, there shall be inserted the word “ either ”; and
before the word “as” there shall be inserted the words “ as the landlord thinks fit ”;
in subsection (4)—
after “(3)” there shall be inserted “ (a) ”; and
at the end there shall be added; and .
In section 151 (interpretation of Part VII) in the definition of “house” the words from “, not being” to the end of the definition shall cease to have effect.
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in subsection (5) for the words “to an application for”—
where they first occur there shall be substituted the words “in relation to an application for a repairs grant or to”; and
where they second occur there shall be substituted the words “in relation to an application for an improvement grant or to”;
at the end there shall be added—.
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in subsection (6) for the words “to an application for”—
where they first occur there shall be substituted the words “in relation to an application for a grant under subsection (1) or to”; and
where they second occur there shall be substituted the words “in relation to an application for an improvement grant or to”; and
at the end there shall be added—.
In section 255 (exchequer contributions in respect of amenities) in subsection (7) after “(6)” there shall be inserted the words “ or for such other amount as may be substituted under this subsection ”.
In Schedule 10 (landlord’s repairing obligations)—
for paragraph 1(1) there shall be substituted—;
after paragraph 3(1) there shall be inserted—;
in paragraph 3(2) for the words from “The provision” to “provision”)” there shall be substituted the words “ The implied repairs provision ”;
after sub-paragraph (3) there shall be inserted—.
In Schedule 10 (landlord’s repairing obligations)—
“benefits claimant” means a person who—
a lease entered into before this Act comes into force; or
is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or
a lease entered into pursuant to a contract made before this Act comes into force.
In Schedule 15 (housing revenue account) in paragraph 9(2) for the words “rate fund contribution” there shall be substituted the words “ contribution out of the said general fund ”.
Section 72.
In section 27(4) (right to home loss payment) after paragraph (b) there shall be inserted the following paragraph—.
In Schedule 28, in paragraph 10 (urban development corporations, displacement of persons), after the words “Rent (Scotland) Act 1984” there shall be inserted the words “ or the Housing (Scotland) Act 1988 ”.
In section 22 (interpretation) in the definition of “tenant” for the words “Rent (Scotland) Act 1971” there shall be substituted the words “ Rent (Scotland) Act 1984 and a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 ”.
In section 103 (application to sheriff)—
in subsection (1) for the words from “a summary application” to the end there shall be substituted the words “ by way of summary application ”;
in subsection (2) for the word “paragraph” there shall be substituted the words “ paragraphs 2 and ”.
In Schedule 1 (statutory tenants by succession) in paragraph 2 for the word “his” there shall be substituted the words “ that spouse’s ”.
In section 10(2)—
in paragraph (b) for the words “2 to 7 of Schedule 1 to the Tenants’ Rights, Etc. (Scotland) Act 1980” there shall be substituted the words “ 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 ”;
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In section 39, in the definition of “secure tenancy” for the words “section 10 of the Tenants’ Rights, Etc. (Scotland) Act 1980” there shall be substituted the words “ 44 of the Housing (Scotland) Act 1987 ”.
“shared ownership agreement” means an agreement whereby– or such other agreement as may be approved whereby a person acquires a pro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, one of the dwellings;
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In section 64(7) (circumstances where prohibition of landlord’s option to repurchase does not apply)—
in paragraph (a), after the word “sold” there shall be inserted the words “ whether under this Part or otherwise ”;
for paragraph (b) there shall be substituted the following paragraph–.
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In section 128 (recovery of possession of house to which Rent (Scotland) Act 1984 applies) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.
In section 145 (recovery of possession of overcrowded house that is let) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.
In section 177 (statutory tenant to be regarded as lessee for purposes of the Act), in paragraph (a), after “1984” there shall be inserted the words “ or Part II of the Housing (Scotland) Act 1988 ”.
In section 180 (effect of control order), in subsection (4)—
after the words “the Act)” there shall be inserted the words “ and paragraph 11 of Schedule 4 to the Housing (Scotland) Act 1988 (which excludes lettings by local authorities from being assured tenancies within the meaning of the Act) ”;
after “1984” where it second occurs there shall be inserted the words “ or an assured tenancy, within the meaning of the Housing (Scotland) Act 1988, ”;
for the words “protected or statutory” where they second and third occur there shall be substituted the words “ protected, statutory or assured ”;
for the words “that Act” there shall be substituted the words “ those Acts ”.
In section 207 (local authority’s duty to keep slum clearance revenue account) for paragraph (b) of subsection (2) there shall be substituted the following paragraph—.
In section 311 (interpretation of sections 308 to 310), in subsection (2), in the definition of “interest” after “1984” there shall be inserted the words “ or of a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988 ”.
In section 328 (duty to inform tenant of assignation of landlord’s interest), in subsection (6), after “1984” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.
In section 338 (interpretation), in subsection (1) in the definition of “tenancy” after the word “applies” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.
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Section 72. 1951 c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In section 16, in each of subsections (3) and (4), the words “30 or”. 1971 c. 40. The Fire Precautions Act 1971. In Part III of the Schedule, in paragraph 3(1) the words from “(and the” in sub-sub-paragraph (a) to “accordingly); and”. 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part III the words “Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association, appointed at a salary.”. 1984 c. 58. The Rent (Scotland) Act 1984. In section 28(2), the words “and 49(5)”. In section 29(2), the words “Subject to section 49(5) below”. Section 30. In section 32(1) the words “or 30(2)”. 1984 c. 58.cont. The Rent (Scotland) Act 1984cont. The proviso to section 34(1). In section 40, the words “or rates”. Section 42(2). Section 49(4) and (5). Section 54(2). In section 56(2) the words “(except section 49(5))”. The proviso to section 57(2). Section 57(5). In section 58(2) the words “subject to section 57(5) above”. In section 61(1) in the definition of “housing association”, paragraph (a). In section 65(1) the words “or the local authority”. In section 66(1) the words “or the local authority”. Section 67(3). In section 68, the words “or the local authority”. Section 69(2). Section 70(2). In section 71(1) the words “or the local authority”. In section 95(1) paragraph (a) and in paragraph (b) the words “or dwellinghouse exceeding a specified rateable value”. Section 98(5). In section 103(2) the words “42(2), 54(2)”. Section 105(2). Schedule 3. Schedule 7, paragraph 5. . . . . . . . . . 1987 c. 26. The Housing (Scotland) Act 1987. Section 62(11) to (13). In section 151 in the definition of “house” the words from “, not being” to the end of the definition. In section 194, in subsection (1) the words “the Scottish Special Housing Association (“the Association”) and to” and in subsection (2) the words “the Association and to” and “the Association, acting otherwise than as agents, or by”. 1987 c. 26.cont. The Housing (Scotland) Act 1987.cont. Section 196. Section 200. Sections 254 and 255. Sections 296 and 297. In Schedule 12, in paragraph 2, Part III. In Schedule 13, the entries relating to section 59 of the Housing (Scotland) Act 1969, Part I of the Housing (Scotland) Act 1974 and sections 254 and 255 of the Housing (Scotland) Act 1987. In Schedule 14, the entries relating to section 59 of the Housing (Scotland) Act 1969, Part I of the Housing (Scotland) Act 1974 and Part IX and sections 254 and 255 of the Housing (Scotland) Act 1987. In Schedule 16, paragraph 1 (b). 1988 c. 9. The Local Government Act 1988. In section 1(1), paragraph (1) and the word “and” immediately preceding it. In Schedule 2, the words “The Scottish Special Housing Association”.