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PART 2TENANTS OF SOCIAL LANDLORDS

CHAPTER 1SCOTTISH SECURE TENANCIES

Miscellaneous and general

38Appeals

(1)A person who is aggrieved by a decision of a landlord mentioned in section 11(1)(b) to make a house available to the person for occupancy on the basis of—

(a)an occupancy agreement instead of a Scottish secure tenancy or a short Scottish secure tenancy,

(b)a tenancy which is not a Scottish secure tenancy or a short Scottish secure tenancy, or

(c)a short Scottish secure tenancy instead of a Scottish secure tenancy,

may raise proceedings by summary application.

(2)In such proceedings the court may, if it considers that there are good grounds for doing so, order the landlord to let the house to the person under a Scottish secure tenancy or, as the case may be, a short Scottish secure tenancy.

39Application of sections 23 to 33 to other tenancies

Where a tenancy is excluded from being a Scottish secure tenancy only by the operation of paragraph 1 or 9 of schedule 1, sections 23 to 33 apply to the tenancy as if it were a Scottish secure tenancy.

40Notices

(1)A notice or other document authorised or required by this Chapter to be given to a person (however expressed) may be given—

(a)by delivering it to that person,

(b)by leaving it at that person’s proper address, or

(c)by sending it by recorded delivery letter to that person at that address.

(2)For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I.1999/1379), a person’s proper address is that person’s last known address.

41Interpretation of Chapter 1

In this Chapter, unless otherwise expressly provided—