3(1)Where an occupant has not complied with a requirement under paragraph 2, the local authority may, by summary application, apply to the sheriff for a warrant for the ejection of the occupant from the land or premises in question.S
(2)No such application may be made before the expiry of the period specified in the notice served under paragraph 2(2).
(3)On such an application, the sheriff may require the service of a further notice on the occupant.
(4)The sheriff may, if satisfied that the occupant is likely to be endangered by the carrying out of the work concerned, grant a warrant of ejection requiring the occupant to move from the land or premises in question, within such period as the sheriff may determine, until the work is completed.
(5)Such a warrant—
(a)may be made subject to such other conditions (including conditions with respect to payment of rent) as the sheriff thinks just and equitable, but
(b)where a further notice is served under sub-paragraph (3), may not require the occupant to move before the day which is 14 days after service of that notice.
(6)No such warrant may require a person to move from any living accommodation which is that person's only or main residence unless the sheriff is satisfied that suitable alternative living accommodation on reasonable terms will be available to that person.
(7)The reference in sub-paragraph (6) to suitable alternative living accommodation is a reference to accommodation which is suitable for occupation by the resident and any other person whose only or main residence would, but for the location of that other person's place of work or of any educational institution which the person attends, be the accommodation concerned.
(8)The sheriff's decision on the application is final.
(9)Refusal by the sheriff to grant any warrant sought under this paragraph does not affect the validity of the HMO amenity notice in relation to which the warrant was sought.
(10)Nothing in [F1an enactment mentioned in sub-paragraph (11)] restricts the power of a local authority to apply for, or the power of the sheriff to grant, a warrant under sub-paragraph (4).
[F2(11)The enactments referred to in sub-paragraph (10) are—
(a)the Rent (Scotland) Act 1984,
(b)Part 2 of the Housing (Scotland) Act 1988,
(c)the Private Housing (Tenancies) (Scotland) Act 2016.]
Textual Amendments
F1Words in sch. 5 para. 3(10) substituted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 9(3)(a); S.S.I. 2017/346, reg. 2, sch.
F2Sch. 5 para. 3(11) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 9(3)(b); S.S.I. 2017/346, reg. 2, sch.
Modifications etc. (not altering text)
C1Sch. 5 para. 3(1) power to disapply conferred (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 20(2)(a)(iv), 104(3); S.S.I. 2014/264, art. 2, Sch.
Commencement Information
I1Sch. 5 para. 3 in force at 31.8.2011 by S.S.I. 2010/159, art. 3