2SWhere no such certificate as is mentioned in paragraph 1 above is produced to the [F1First-tier Tribunal] , accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—
(a)premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—
(i)a tenancy in respect of which notice is served not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above; or
(ii)a short assured tenancy, within the meaning of Part II of this Act; or
(b)premises to be let as a separate dwelling on terms which will, in the opinion of the [F2Tribunal] , afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of an assured tenancy of a kind mentioned in paragraph (a) above,
and, in the opinion of the [F3Tribunal] , the accommodation fulfils the relevant conditions as defined in paragraph 3 below.
Textual Amendments
F1Words in Sch. 5 para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(i); S.S.I. 2017/330, art. 3, sch.
F2Word in Sch. 5 para. 2(b) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(ii); S.S.I. 2017/330, art. 3, sch.
F3Word in Sch. 5 para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(iii); S.S.I. 2017/330, art. 3, sch.