35 Conversion to short Scottish secure tenancyS
(1)A Scottish secure tenancy of a house becomes a short Scottish secure tenancy by virtue of this section immediately on the landlord serving on the tenant a notice under subsection (3).
(2)The landlord may serve a notice under subsection (3) only where the tenant (or any one of joint tenants) or a person residing or lodging with, or subtenant of, the tenant is subject to an [F1antisocial behaviour order—
(a)under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c. 46); or
(b)under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)].
(3)A notice under this subsection must—
(a)state that the Scottish secure tenancy to which it relates becomes a short Scottish secure tenancy by virtue of service of the notice, and
(b)specify the tenant or other person who is subject to the anti-social behaviour order.
(4)Subsections (5) and (6) of section 34 apply to a tenancy which becomes a short Scottish secure tenancy by virtue of this section.
(5)Where a Scottish secure tenancy becomes a short Scottish secure tenancy by virtue of this section, a tenant who is aggrieved by the conversion may raise proceedings by summary application.
(6)In such proceedings the court may, if it considers that there are good grounds for doing so, grant a declarator that the notice under subsection (3) is of no effect.
Textual Amendments
F1Words in s. 35(2) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 6(2); S.S.I. 2004/420, art. 3, sch. 1
Commencement Information
I1S. 35 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)