- Latest available (Revised)
- Point in Time (03/10/2020)
- Original (As enacted)
Version Superseded: 30/03/2022
Point in time view as at 03/10/2020. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Housing (Scotland) Act 2001, Section 14 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The landlord under a Scottish secure tenancy may raise proceedings by way of summary cause for recovery of possession of the house.
(2)Such proceedings may not be raised unless—
(a)the landlord has served on the tenant and any qualifying occupier a notice complying with subsection (4),
(b)the proceedings are raised on or after the date specified in the notice, and
(c)the notice is in force at the time when the proceedings are raised.
[F1(2A)Where such proceedings are to include the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2)—
(a)the notice under subsection (2) must not be served unless the landlord has complied with the pre-action requirements in section 14A, and
(b)the proceedings may not be raised unless the landlord has confirmed to the court in such form as the Scottish Ministers may prescribe by regulations that those requirements have been complied with.]
[F2(2B)Where such proceedings are to include a ground for recovery of possession set out in paragraph 2 of schedule 2, the landlord must have regard to any guidance published by the Scottish Ministers before raising such proceedings in relation to recovering possession of the house.
(2C)Before publishing any guidance mentioned in subsection (2B), the Scottish Ministers must consult such persons as they consider appropriate.]
(3)Before serving a notice under subsection (2) the landlord must make such inquiries as may be necessary to establish so far as is reasonably practicable whether there are any qualifying occupiers of the house and, if so, their identities.
(4)A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must specify—
(a)the ground, being a ground set out in Part 1 of schedule 2, on which proceedings for recovery of possession are to be raised, F3...
(b)a date, not earlier than—
[F4(i)4 weeks from the date of service of the notice, or]
[F4(i)the date calculated in accordance with—
(A)subsection (4A), where the notice is served before 3 October 2020,
(B)subsection (4E), where the notice is served on or after 3 October 2020, or]
(ii)the date on which the tenancy could have been brought to an end by a notice to quit had it not been a Scottish secure tenancy,
whichever is later, on or after which the landlord may raise proceedings for recovery of possession [F5, and
(c)where subsection (2A) applies, the steps taken by the landlord which the landlord considers to constitute compliance with the pre-action requirements in section 14A.]
[F6(4A)For the purpose of subsection (4)(b)(i)(A), the date is the date falling—
(a)4 weeks after the date of service of the notice if subsection (4B) applies,
(b)3 months after the date of service of the notice if subsection (4C) applies,
(c)6 months after the date of service of the notice if subsection (4D) applies.
(4B)This subsection applies if the notice under subsection (2) specifies only the ground set out in paragraph 5 of schedule 2.
(4C)This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without also specifying the ground referred to in subsection (4B))—
(a)paragraph 2,
(b)paragraphs 6 to 8.
(4D)This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without other grounds)—
(a)paragraph 1,
(b)paragraph 3 or 4,
(c)paragraphs 9 to 15.
(4E)For the purpose of subsection (4)(b)(i)(B), the date is the date falling—
(a)4 weeks after the date of service of the notice if subsection (4F) applies,
(b)3 months after the date of service of the notice if subsection (4G) applies,
(c)6 months after the date of service of the notice if subsection (4H) applies.
(4F)This subsection applies if the notice under subsection (2) specifies only a ground, or grounds, set out in any of the following paragraphs of schedule 2—
(a)paragraph 2,
(b)paragraph 5,
(c)paragraph 7 or 8.
(4G)This subsection applies if the notice under subsection (2) specifies the ground set out in paragraph 6 of schedule 2 (whether with or without also specifying one or more of the grounds referred to in subsection (4F)).
(4H)This subsection applies if the notice under subsection (2) specifies a ground set out in any of the following paragraphs of schedule 2 (whether with or without other grounds)—
(a)paragraph 1,
(b)paragraph 3 or 4,
(c)paragraphs 9 to 15.]
(5)A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (4)(b) or when it is withdrawn by the landlord, whichever is earlier.
[F7(5A)Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.
(5B)Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).]
(6)In this section and section 15, “qualifying occupier” means a person who occupies the house as that person’s only or principal home and who is—
(a)a member of the tenant’s family aged at least 16 years,
(b)a person to whom the tenant has, with the landlord’s consent under section 32(1), assigned, sublet or otherwise given up possession of the house or any part of it, or
(c)a person whom the tenant has, with such consent, taken in as a lodger.
Textual Amendments
F1S. 14(2A) inserted (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(i), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)
F2S. 14(2B)(2C) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 14(1), 104(3); S.S.I. 2014/264, art. 2, sch.
F3Word in s. 14(4)(a) repealed (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(ii), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)
F4S. 14(4)(b)(i) substituted (temp.) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 7(1)(2)(a) (as substituted (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(1)(a)) (with ss. 11-13, sch. 1 paras. 8, 10) and which affecting provision expires (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5).
F5S. 14(4)(c) and words inserted (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(iii), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)
F6S. 14(4A)-(4H) inserted (temp.) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 7(1)(2)(b) (as amended (3.10.2020) by The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (S.S.I. 2020/270), regs. 1(1), 6(1)(b)) (with ss. 11-13, sch. 1 paras. 8, 10) and which affecting provision expires for s. 14(4A)-(4D) (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5)
F7S. 14(5A)(5B) inserted (2.10.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Homelessness etc. (Scotland) Act 2003 (asp 10), s. 14(1), sch. para. 4(2); S.S.I. 2008/313, art. 2(a)(b)
Commencement Information
I1S. 14 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: