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Housing (Scotland) Act 2001

Section 36: Recovery of possession

62.This section sets out the arrangements under which a landlord may recover possession of a short Scottish secure tenancy. Subsections (2) to (4)set out the arrangements in more detail including the service of a notice and raising of proceedings. Subsection (5)outlines the circumstances when a court must make an order for recovery of possession: where the tenancy has reached its term, tacit relocation is not operating (i.e. it will not be automatically renewed for the same length of time) and no further contractual tenancy has been entered into, and where a notice has been served.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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