3(1)For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—S
(a)similar as regards rental and extent to the accommodation afforded by houses provided in the neighbourhood by any local authority or development corporation or by Scottish Homes for persons whose needs as regards extent are, in the opinion of the [F1First-tier Tribunal] , similar to those of the tenant and of his family; or
(b)reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and
that, if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.
(2)For the purposes of sub-paragraph (1)(a) above, a certificate of a local authority or development corporation or of Scottish Homes stating—
(a)the extent of the accommodation afforded by houses provided by that body to meet the needs of tenants with families of such number as may be specified in the certificate; and
(b)the amount of the rent charged by that body for houses affording accommodation of that extent,
shall be conclusive evidence of the facts so stated.
Textual Amendments
F1Words in Sch. 5 para. 3(1)(a) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(e); S.S.I. 2017/330, art. 3, sch.