12(1)It is an eviction ground that the tenant has been in rent arrears for three or more consecutive months.S
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—
(a)for three or more consecutive months the tenant has been in arrears of rent, and
(b)the Tribunal is satisfied that it is reasonable on account of that fact to issue an eviction order.
(4)In deciding under sub-paragraph (3) whether it is reasonable to issue an eviction order, the Tribunal is to consider—
[F2(a)]whether the tenant's being in arrears of rent over the period in question is wholly or partly a consequence of a delay or failure in the payment of a relevant benefit [F3, and
(b)the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.]
(5)For the purposes of this paragraph—
(a)references to a relevant benefit are to—
(i)a rent allowance or rent rebate under the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971),
(ii)a payment on account awarded under regulation 91 of those Regulations,
(iii)universal credit, where the payment in question included (or ought to have included) an amount under section 11 of the Welfare Reform Act 2012 in respect of rent,
(iv)sums payable by virtue of section 73 of the Education (Scotland) Act 1980,
(b)references to delay or failure in the payment of a relevant benefit do not include any delay or failure so far as it is referable to an act or omission of the tenant.
[F4(6)Regulations under sub-paragraph (4)(b) may make provision about—
(a)information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),
(b)steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,
(c)such other matters as the Scottish Ministers consider appropriate.]
Textual Amendments
F1Sch. 3 para. 12(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(i), 59(1) (with s. 48(1))
F2Words in sch. 3 para. 12(4) renumbered as sch. 3 para. 12(4)(a) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(a)(i), 59(1) (with s. 48(1))
F3Sch. 3 para. 12(4)(b) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(a)(ii), 59(1) (with s. 48(1))
F4Sch. 3 para. 12(6) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(b), 59(1) (with s. 48(1))
Commencement Information
I1Sch. 3 para. 12 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.