Housing (Scotland) Act 2001

14[F1Proceedings for recovery of possession or termination of joint tenant's interest]S
This section has no associated Explanatory Notes

(1)The landlord under a Scottish secure tenancy may raise proceedings by way of summary cause for—

[F2(a)]recovery of possession of the house;

[F3(b)where subsection (1A) applies, termination of a tenant's interest in the tenancy.]

[F4(1A)This subsection applies where—

(a)the tenancy is a joint tenancy, and

(b)the proceedings are raised against the tenant on the ground set out in paragraph 15A of schedule 2.

(1B)In this section and section 16, “the tenant”, in relation to proceedings under subsection (1)(b), means person T (within the meaning of paragraph 15A of schedule 2).]

(2)Such proceedings may not be raised unless—

(a)the landlord has served on the tenant and any qualifying occupier a notice complying with subsection (4),

(b)the proceedings are raised on or after the date specified in the notice, and

(c)the notice is in force at the time when the proceedings are raised.

[F5(2A)Where such proceedings are to include the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2)—

(a)the notice under subsection (2) must not be served unless the landlord has complied with the pre-action requirements in section 14A, and

(b)the proceedings may not be raised unless the landlord has confirmed to the court in such form as the Scottish Ministers may prescribe by regulations that those requirements have been complied with.]

[F6(2B)Where such proceedings are to include a ground F7... set out in paragraph 2 [F8or 15A] of schedule 2, the landlord must have regard to any guidance published by the Scottish Ministers before raising such proceedings in relation to recovering possession of the house [F9or, as the case may be, terminating a tenant's interest in the tenancy.]

(2C)Before publishing any guidance mentioned in subsection (2B), the Scottish Ministers must consult such persons as they consider appropriate.]

(3)Before serving a notice under subsection (2) the landlord must make such inquiries as may be necessary to establish so far as is reasonably practicable whether there are any qualifying occupiers of the house and, if so, their identities.

(4)A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must specify—

(a)the ground, being a ground set out in Part 1 of schedule 2, on which [F10the proceedings] are to be raised, F11...

(b)a date, not earlier than—

(i)4 weeks from the date of service of the notice, or

(ii)the date on which the tenancy could have been brought to an end by a notice to quit had it not been a Scottish secure tenancy,

whichever is later, on or after which the landlord may raise [F10the proceedings] [F12, and

(c)where subsection (2A) applies, the steps taken by the landlord which the landlord considers to constitute compliance with the pre-action requirements in section 14A.]

(5)A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (4)(b) or when it is withdrawn by the landlord, whichever is earlier.

[F13(5A)Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

(5B)Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).]

[F14(5C)Where a landlord raises proceedings under subsection (1) which include the ground set out in paragraph 15A of schedule 2, the landlord must, as soon as reasonably practicable after raising the proceedings, give the tenant and any qualifying occupier advice and assistance in relation to the finding of alternative accommodation in the event that an order is made under section 16(2) or (3ZA).

(5D)The landlord must, in exercising the function conferred by subsection (5C), have regard to any guidance issued by the Scottish Ministers about the exercise of that function.

(5E)Before publishing any guidance under subsection (5D), the Scottish Ministers must consult such persons as they consider appropriate.]

(6)In this section and section 15, “qualifying occupier” means a person who occupies the house as that person’s only or principal home and who is—

(a)a member of the tenant’s family aged at least 16 years,

[F15(aa)in relation to proceedings raised or to be raised under this section on the ground set out in paragraph 15A of schedule 2, person P within the meaning of that paragraph,]

(b)a person to whom the tenant has, with the landlord’s consent under section 32(1), assigned, sublet or otherwise given up possession of the house or any part of it, or

(c)a person whom the tenant has, with such consent, taken in as a lodger.

Textual Amendments

F5S. 14(2A) inserted (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(i), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)

F11Word in s. 14(4)(a) repealed (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(ii), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)

F12S. 14(4)(c) and words inserted (22.2.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Housing (Scotland) Act 2010 (asp 17), ss. 155(a)(iii), 166(2); S.S.I. 2012/19, art. 2(c); S.I. 2012/91, art. 2(a)

F13S. 14(5A)(5B) inserted (2.10.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Homelessness etc. (Scotland) Act 2003 (asp 10), s. 14(1), sch. para. 4(2); S.S.I. 2008/313, art. 2(a)(b)

Modifications etc. (not altering text)

Commencement Information

I1S. 14 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)