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Housing (Scotland) Act 2014

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11Short Scottish secure tenancy: recovery of possessionS

This section has no associated Explanatory Notes

In section 36 of the 2001 Act (recovery of possession)—

(a)in subsection (2), after paragraph (a) insert—

(aa)in the case of a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, the landlord considers that any obligation of the tenancy has been broken,,

(b)in subsection (3), after paragraph (a) insert—

(aa)state the reason why the landlord is seeking recovery of possession (including, in a case where subsection (2)(aa) applies, the obligations which the landlord considers to have been broken),,

(c)after subsection (4), insert—

(4A)A tenant may, before the end of the period of 14 days beginning with the day of service of a notice under subsection (2), apply to the landlord for a review of a decision to seek recovery of possession of the house which is the subject of the tenancy.

(4B)If an application for a review under subsection (4A) is made, the landlord must, before the day specified in the notice by virtue of subsection (3)(b)—

(a)confirm its decision to seek recovery of possession or withdraw its notice under subsection (2),

(b)notify the tenant of its decision on the review, and

(c)where its decision on the review is to confirm the decision to seek recovery of possession, notify the tenant of the reasons.

(4C)The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with a review following an application under subsection (4A).,

(d)in subsection (5)(a), after “34(5)” insert “ or, in a case where subsection (2)(aa) applies, the end of the term applicable to the tenancy in accordance with section 34(6A), 35(3A) or 35A(1) ”,

(e)in subsection (7), after “16” insert “ , but subject to the modification mentioned in subsection (8) ”, and

(f)after subsection (7), insert—

(8)In relation to the recovery of possession of the house which is the subject of a short Scottish secure tenancy, section 14(4) is to be read as if for paragraph (b) there were substituted—

(b)a date, not earlier than 4 weeks from the date of service of the notice on or after which the landlord may raise proceedings for recovery of possession,.

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