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Homelessness etc. (Scotland) Act 2003

Assured Tenancies: Recovery of Possession

Section 12: Assured tenancies: recovery of possession for non-payment of rent

20.Section 12 amends section 18 of the Housing (Scotland) Act 1988 to allow the sheriff discretion not to make an order for possession under Ground 8 of Schedule 5 to that Act in circumstances where the rent arrears are a consequence of a delay or failure in the payment of housing benefit. It also directs the sheriff to have regard to delay or failure in payment of housing benefit when considering whether it is reasonable to make an order for possession under Ground 11 or 12 of Schedule 5. References to delay or failure in a payment do not include circumstances where this is a result of any act or omission of the tenant.

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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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