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Housing (Scotland) Act 2001

Section 12: Restriction on termination of tenancy

28.This section sets out the six ways in which a Scottish secure tenancy may be terminated:

  • by a court order for recovery of possession on one of the 15 grounds in Part 1 of schedule 2 (under section 16(2));

  • where a tenancy has been abandoned (by operation of section 18(2));

  • on the death of a tenant, and subject to the provisions relating to succession (by operation of section 22);

  • on conversion to a short Scottish secure tenancy (by operation of section 35);

  • by written agreement between the landlord and tenant;

  • by 4 weeks’ notice given by the tenant to the landlord.

29.Subsections (2) and (3)provide security of tenure for a tenant who is being accommodated temporarily in another house while their own house is not available for occupation.

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