PART 5Termination
CHAPTER 3Termination at landlord's instigation
Restrictions on applying for eviction order
54Restriction on applying during the notice period
(1)
A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant using a copy of a notice to leave until the expiry of the relevant period in relation to that notice.
F1(2)
The relevant period in relation to a notice to leave—
(a)
begins on the day the tenant receives the notice to leave from the landlord, and
(b)
expires on the day falling—
(i)
28 days after it begins if subsection (3) applies,
(ii)
84 days after it begins if subsection (3) does not apply.
(3)
This subsection applies if—
(a)
on the day the tenant receives the notice to leave, the tenant has been entitled to occupy the let property for not more than six months, or
(b)
the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—
(i)
that the tenant is not occupying the let property as the tenant's home,
(ii)
that the tenant has failed to comply with an obligation under the tenancy,
(iii)
that the tenant has been in rent arrears for three or more consecutive months,
(iv)
that the tenant has a relevant conviction,
(v)
that the tenant has engaged in relevant anti-social behaviour,
(vi)
that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.
F1(2)
The relevant period in relation to a notice to leave—
(a)
begins on the day the tenant receives the notice to leave from the landlord, and
(b)
expires on the day falling—
(i)
28 days after it begins if subsection (3) applies,
(ii)
three months after it begins if subsection (3A) applies,
(iii)
six months after it begins if neither subsection (3) nor (3A) applies.
(3)
This subsection applies if the only eviction ground stated in the notice to leave is that the tenant is not occupying the let property as the tenant's home.
(3A)
This subsection applies if—
(a)
the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following—
(i)
that the landlord intends to live in the let property,
(ii)
that a member of the landlord's family intends to live in the let property,
(iii)
that the tenant has a relevant conviction,
(iv)
that the tenant has engaged in relevant anti-social behaviour,
(v)
that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour,
(vi)
that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004,
(vii)
that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006, or
(b)
the only eviction grounds stated in the notice to leave are—
(i)
the eviction ground mentioned in subsection (3), and
(ii)
an eviction ground, or grounds, mentioned in paragraph (a).
(4)
The reference in subsection (1) to using a copy of a notice to leave in making an application means using it to satisfy the requirement under section 52(3).
55Restriction on applying 6 months after the notice period expires
(1)
A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant using a copy of a notice to leave more than six months after the day on which the relevant period in relation to that notice expired.
(2)
In subsection (1), “the relevant period” has the meaning given in section 54(2).
(3)
The reference in subsection (1) to using a copy of a notice to leave in making an application means using it to satisfy the requirement under section 52(3).
56Restriction on applying without notifying local authority
(1)
A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant unless the landlord has given notice of the landlord's intention to do so to the local authority in whose area the let property is situated.
(2)
Notice under subsection (1) is to be given in the manner and form prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003.
(3)
In a case where two or more persons jointly are the landlord under a tenancy, references in subsection (1) to the landlord are to any one of those persons.