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Housing (Scotland) Act 2001

Section 12: Restriction on termination of tenancy

28.This section sets out the six ways in which a Scottish secure tenancy may be terminated:

  • by a court order for recovery of possession on one of the 15 grounds in Part 1 of schedule 2 (under section 16(2));

  • where a tenancy has been abandoned (by operation of section 18(2));

  • on the death of a tenant, and subject to the provisions relating to succession (by operation of section 22);

  • on conversion to a short Scottish secure tenancy (by operation of section 35);

  • by written agreement between the landlord and tenant;

  • by 4 weeks’ notice given by the tenant to the landlord.

29.Subsections (2) and (3)provide security of tenure for a tenant who is being accommodated temporarily in another house while their own house is not available for occupation.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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