Part 4Tenancies
Removal of mandatory eviction grounds
I143Private residential tenancies: discretionary eviction grounds
1
The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.
2
In section 51(2) (First-tier Tribunal’s power to issue an eviction order), the words “or must” are repealed.
3
In schedule 3 (eviction grounds)—
a
in paragraph 1(2) (landlord intends to sell)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (a), the word “and” is repealed,
iii
after paragraph (b) insert “, and
c
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
b
in paragraph 2(2) (property to be sold by lender)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (b), the word “and” is repealed,
iii
after paragraph (c) insert “, and
d
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
c
in paragraph 3(2) (landlord intends to refurbish)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (b), the word “and” is repealed,
iii
after paragraph (c) insert “, and
d
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
d
in paragraph 4(2) (landlord intends to live in property)—
i
for “must” substitute “may”
,
ii
the words from “the landlord” to “3 months” become paragraph (a),
iii
after paragraph (a) insert “, and
b
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.
e
in paragraph 6(2) (landlord intends to use for non-residential purpose)—
i
for “must” substitute “may”
,
ii
the words from “the landlord” to “home” become paragraph (a),
iii
after paragraph (a) insert “, and
b
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.
f
in paragraph 7(2) (property required for religious purpose)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (b), the word “and” is repealed,
iii
after paragraph (c) insert “, and
d
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
g
in paragraph 8 (not an employee)—
i
in the opening words of sub-paragraph (2), for “must” substitute “may”
,
ii
for sub-paragraph (2)(c) substitute—
c
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
iii
sub-paragraph (3) is repealed,
iv
in sub-paragraph (4), for “sub-paragraphs (2) and (3)” substitute “sub-paragraph (2)”
,
h
in paragraph 10(2) (not occupying let property)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (a), the word “and” is repealed,
iii
after paragraph (b) insert “, and
c
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
i
in paragraph 12 (rent arrears), sub-paragraph (2) is repealed,
j
in paragraph 13(2) (criminal behaviour)—
i
in the opening words, for “must” substitute “may”
,
ii
after paragraph (a), the word “and” is repealed,
iii
after paragraph (b) insert “, and
c
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
k
in paragraph 14(2) (anti-social behaviour), after paragraph (b), for “and” substitute—
ba
the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and