Search Legislation

Private Housing (Tenancies) (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 1

 Help about opening options

Changes to legislation:

Private Housing (Tenancies) (Scotland) Act 2016, PART 1 is up to date with all changes known to be in force on or before 19 August 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 3 Part 1:

PART 1 SLET PROPERTY REQUIRED FOR ANOTHER PURPOSE

Landlord intends to sellS

1(1)It is an eviction ground that the landlord intends to sell the let property.S

(2)The First-tier Tribunal [F1must] [F1may] find that the ground named by sub-paragraph (1) applies if the landlord—

(a)is entitled to sell the let property, [F2and]

(b)intends to sell it for market value, or at least put it up for sale, within 3 months of the tenant ceasing to occupy it[F3, and

(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(b) includes (for example)—

(a)a letter of engagement from a solicitor or estate agent concerning the sale of the let property,

(b)a recently prepared document that anyone responsible for marketing the let property would be required to possess under section 98 of the Housing (Scotland) Act 2006 were the property already on the market.

Textual Amendments

F1Word in sch. 3 para. 1(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(a)(i) (with ss. 11-13, sch. 1 para. 10)

F2Word in sch. 3 para. 1(2) repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(a)(ii) (with ss. 11-13, sch. 1 para. 10)

F3Sch. 3 para. 1(2)(c) and word inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(a)(iii) (with ss. 11-13, sch. 1 para. 10)

Commencement Information

I1Sch. 3 para. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Property to be sold by lenderS

2(1)It is an eviction ground that a lender intends to sell the let property.S

(2)The First-tier Tribunal [F4must] [F4may] find that the ground named by sub-paragraph (1) applies if—

(a)the let property is subject to a heritable security,

(b)the creditor under that security is entitled to sell the property, [F5and]

(c)the creditor requires the tenant to leave the property for the purpose of disposing of it with vacant possession[F6, and

(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]

Textual Amendments

Commencement Information

I2Sch. 3 para. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Landlord intends to refurbishS

3(1)It is an eviction ground that the landlord intends to carry out significantly disruptive works to, or in relation to, the let property.S

(2)The First-tier Tribunal [F7must] [F7may] find that the eviction ground named by sub-paragraph (1) applies if—

(a)the landlord intends to refurbish the let property (or any premises of which the let property forms part),

(b)the landlord is entitled to do so, [F8and]

(c)it would be impracticable for the tenant to continue to occupy the property given the nature of the refurbishment intended by the landlord[F9, and

(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(a) includes (for example)—

(a)any planning permission which the intended refurbishment would require,

(b)a contract between the landlord and an architect or a builder which concerns the intended refurbishment.

Textual Amendments

Commencement Information

I3Sch. 3 para. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Landlord intends to live in propertyS

4(1)It is an eviction ground that the landlord intends to live in the let property.S

(2)The First-tier Tribunal [F10must] [F10may] find that the ground named by sub-paragraph (1) applies if [F11the landlord intends to occupy the let property as the landlord's only or principal home for at least 3 months.]

[F11(a) the landlord intends to occupy the let property as the landlord's only or principal home for at least 3 months][F12, and

(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.]

(3)References to the landlord in this paragraph—

(a)in a case where two or more persons jointly are the landlord under a tenancy, are to be read as referring to any one of them,

(b)in a case where the landlord holds the landlord's interest as a trustee under a trust, are to be read as referring to a person who is a beneficiary under the trust.

(4)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the landlord has that intention.

Textual Amendments

F10Word in sch. 3 para. 4(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(d)(i) (with ss. 11-13, sch. 1 para. 10)

F11Words in sch. 3 para. 4(2) renumbered as sch. 3 para 4(2)(a) (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(d)(ii) (with ss. 11-13, sch. 1 para. 10)

F12Sch. 3 para. 4(2)(b) and word inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(d)(iii) (with ss. 11-13, sch. 1 para. 10)

Commencement Information

I4Sch. 3 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Family member intends to live in propertyS

5(1)It is an eviction ground that a member of the landlord's family intends to live in the let property.S

(2)The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—

(a)a member of the landlord's family intends to occupy the let property as that person's only or principal home for at least 3 months, and

(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

(3)A member of the landlord's family is to be regarded as having the intention mentioned in sub-paragraph (2) if—

(a)the family member is incapable of having, or expressing, that intention, and

(b)the landlord and (if different) a person entitled to make decisions about where the family member lives, intend that the family member will occupy the let property as the family member's only or principal home for at least 3 months.

(4)For the purposes of this paragraph, a person is a member of the landlord's family if the person is—

(a)in a qualifying relationship with the landlord,

(b)a qualifying relative of the landlord,

(c)a qualifying relative of a person who is in a qualifying relationship with the landlord, or

(d)in a qualifying relationship with a qualifying relative of the landlord.

(5)For the purposes of sub-paragraph (4)—

(a)two people are in a qualifying relationship with one another if they are—

(i)married to each other,

(ii)in a civil partnership with each other, or

(iii)living together as though they were married,

(b)a qualifying relative” means a parent, grandparent, child, grandchild, brother or sister,

(c)a relationship of the half blood is to be regarded as a relationship of the whole blood,

(d)a person's stepchild is to be regarded as the person's child,

(e)a person (“A”) is to be regarded as the child of another person (“B”), if A is being or has been treated by B as B's child.

(6)In a case where two or more persons jointly are the landlord under a tenancy, references to the landlord in this paragraph are to any one of them.

(7)Evidence tending to show that a member of the landlord's family has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the person has that intention.

Commencement Information

I5Sch. 3 para. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Landlord intends to use for non-residential purposeS

6(1)It is an eviction ground that the landlord intends to use the let property for a purpose other than housing.S

(2)The First-tier Tribunal [F13must] [F13may] find that the ground named by sub-paragraph (1) applies if [F14the landlord intends to use the let property for a purpose other than providing a person with a home.]

[F14(a) the landlord intends to use the let property for a purpose other than providing a person with a home][F15, and

(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.]

(3)Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) any planning permission which would be required if the let property is to be used for the intended purpose.

Textual Amendments

F13Word in sch. 3 para. 6(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(e)(i) (with ss. 11-13, sch. 1 para. 10)

F14Words in sch. 3 para. 6(2) renumbered as sch. 3 para 6(2)(a) (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(e)(ii) (with ss. 11-13, sch. 1 para. 10)

F15Sch. 3 para. 6(2)(b) and word inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1), (3)(e)(iii) (with ss. 11-13, sch. 1 para. 10)

Commencement Information

I6Sch. 3 para. 6 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Property required for religious purposeS

7(1)It is an eviction ground that the let property is required for use in connection with the purposes of a religion.S

(2)The First-tier Tribunal [F16must] [F16may] find that the ground named by sub-paragraph (1) applies if—

(a)the let property is held for the purpose of being available for occupation by a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed,

(b)the property has previously been occupied by a person engaged in the work of a religious denomination as a residence from which that person's duties were performed, [F17and]

(c)the property is required for the purpose mentioned in paragraph (a)[F18, and

(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]

(3)In sub-paragraph (2), reference to a person engaged in the work of a religious denomination includes an imam, a lay missionary, minister, monk, nun, priest and rabbi.

Textual Amendments

Commencement Information

I7Sch. 3 para. 7 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources