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Private Housing (Tenancies) (Scotland) Act 2016

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This is the original version (as it was originally enacted).

PART 4LEGAL IMPEDIMENT TO LET CONTINUING

Landlord has ceased to be registered

16(1)It is an eviction ground that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”).

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

(a)the landlord is not entered in the register prepared and maintained for the purposes of Part 8 of the 2004 Act by the local authority within whose area the let property is situated because either—

(i)the local authority has refused to enter the landlord in the register, or

(ii)the local authority has removed the landlord from the register in accordance with section 88(8) or 89 of the 2004 Act,

(b)by continuing to let the property to the tenant the landlord—

(i)is committing an offence under subsection (1) of section 93 of the 2004 Act, or

(ii)would be doing so but for subsection (6) of that section, and

(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

HMO licence has been revoked

17(1)It is an eviction ground that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006 (“the 2006 Act”).

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

(a)under section 139(1) or 157(2) of the 2006 Act, the HMO licence for the let property has been revoked, and

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

Overcrowding statutory notice

18(1)It is an eviction ground that an overcrowding statutory notice has been served on the landlord.

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

(a)an overcrowding statutory notice in respect of the let property has been served on the landlord under section 17(3) of the Private Rented Housing (Scotland) Act 2011, and

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

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