Housing (Scotland) Act 1986

Amendment of Land Compensation (Scotland) Act 1973

20 Compensation for person displaced from dwelling-house let under secure tenancy

(1) The [1973 c. 56.] Land Compensation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.

(2) In section 27(1) (right to home loss payment where person displaced from dwelling)—

(a) after paragraph (e) there shall be inserted the following paragraph—

“(f) an order for recovery of possession of the dwelling under section 15(2) of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980, on the ground set out in paragraph 10 of Part I of Schedule 2 to that Act,”; and

(b) after sub-paragraph (v) there shall be inserted the following sub-paragraph—

“(vi) where paragraph (f) above applies, the landlord.”.

(3) In section 29 (supplementary provisions about home loss payments), after subsection (7) there shall be inserted the following subsection—

“(7AA) If a landlord recovers possession of a dwelling by agreement—

(a) after serving notice under section 14 of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 on the tenant specifying the ground set out in paragraph 10 of Part I of Schedule 2 to that Act; or

(b) where, but for that agreement, it would have served such notice on him specifying that ground,

it may, in connection with the recovery, make to him a payment corresponding to any home loss payment which it would be required to make to him if the recovery were by order under section 15(2) of that Act.”.