Search Legislation

Private Housing (Tenancies) (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

PART 1LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

Landlord intends to sell

1(1)It is an eviction ground that the landlord intends to sell the let property.

(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if the landlord—

(a)is entitled to sell the let property, and

(b)intends to sell it for market value, or at least put it up for sale, within 3 months of the tenant ceasing to occupy it.

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(b) includes (for example)—

(a)a letter of engagement from a solicitor or estate agent concerning the sale of the let property,

(b)a recently prepared document that anyone responsible for marketing the let property would be required to possess under section 98 of the Housing (Scotland) Act 2006 were the property already on the market.

Property to be sold by lender

2(1)It is an eviction ground that a lender intends to sell the let property.

(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if—

(a)the let property is subject to a heritable security,

(b)the creditor under that security is entitled to sell the property, and

(c)the creditor requires the tenant to leave the property for the purpose of disposing of it with vacant possession.

Landlord intends to refurbish

3(1)It is an eviction ground that the landlord intends to carry out significantly disruptive works to, or in relation to, the let property.

(2)The First-tier Tribunal must find that the eviction ground named by sub-paragraph (1) applies if—

(a)the landlord intends to refurbish the let property (or any premises of which the let property forms part),

(b)the landlord is entitled to do so, and

(c)it would be impracticable for the tenant to continue to occupy the property given the nature of the refurbishment intended by the landlord.

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(a) includes (for example)—

(a)any planning permission which the intended refurbishment would require,

(b)a contract between the landlord and an architect or a builder which concerns the intended refurbishment.

Landlord intends to live in property

4(1)It is an eviction ground that the landlord intends to live in the let property.

(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if the landlord intends to occupy the let property as the landlord’s only or principal home for at least 3 months.

(3)References to the landlord in this paragraph—

(a)in a case where two or more persons jointly are the landlord under a tenancy, are to be read as referring to any one of them,

(b)in a case where the landlord holds the landlord’s interest as a trustee under a trust, are to be read as referring to a person who is a beneficiary under the trust.

(4)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the landlord has that intention.

Family member intends to live in property

5(1)It is an eviction ground that a member of the landlord’s family intends to live in the let property.

(2)The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—

(a)a member of the landlord’s family intends to occupy the let property as that person’s only or principal home for at least 3 months, and

(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

(3)A member of the landlord’s family is to be regarded as having the intention mentioned in sub-paragraph (2) if—

(a)the family member is incapable of having, or expressing, that intention, and

(b)the landlord and (if different) a person entitled to make decisions about where the family member lives, intend that the family member will occupy the let property as the family member’s only or principal home for at least 3 months.

(4)For the purposes of this paragraph, a person is a member of the landlord’s family if the person is—

(a)in a qualifying relationship with the landlord,

(b)a qualifying relative of the landlord,

(c)a qualifying relative of a person who is in a qualifying relationship with the landlord, or

(d)in a qualifying relationship with a qualifying relative of the landlord.

(5)For the purposes of sub-paragraph (4)—

(a)two people are in a qualifying relationship with one another if they are—

(i)married to each other,

(ii)in a civil partnership with each other, or

(iii)living together as though they were married,

(b)“a qualifying relative” means a parent, grandparent, child, grandchild, brother or sister,

(c)a relationship of the half blood is to be regarded as a relationship of the whole blood,

(d)a person’s stepchild is to be regarded as the person’s child,

(e)a person (“A”) is to be regarded as the child of another person (“B”), if A is being or has been treated by B as B’s child.

(6)In a case where two or more persons jointly are the landlord under a tenancy, references to the landlord in this paragraph are to any one of them.

(7)Evidence tending to show that a member of the landlord’s family has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the person has that intention.

Landlord intends to use for non-residential purpose

6(1)It is an eviction ground that the landlord intends to use the let property for a purpose other than housing.

(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if the landlord intends to use the let property for a purpose other than providing a person with a home.

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) any planning permission which would be required if the let property is to be used for the intended purpose.

Property required for religious purpose

7(1)It is an eviction ground that the let property is required for use in connection with the purposes of a religion.

(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if—

(a)the let property is held for the purpose of being available for occupation by a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed,

(b)the property has previously been occupied by a person engaged in the work of a religious denomination as a residence from which that person’s duties were performed, and

(c)the property is required for the purpose mentioned in paragraph (a).

(3)In sub-paragraph (2), reference to a person engaged in the work of a religious denomination includes an imam, a lay missionary, minister, monk, nun, priest and rabbi.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources