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Private Housing (Tenancies) (Scotland) Act 2016
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- Acts of the Scottish Parliament
- 2016 asp 19
- SCHEDULE 3
- PART 2
- Not an employee
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(Scotland) Act 2016, Cross Heading: Not an employee.
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Not an employeeS
8(1)It is an eviction ground that the tenancy was entered into to provide an employee with a home and the tenant is not a qualifying employee.S
(2)The First-tier Tribunal [F1must] [F1may] find that the ground named by sub-paragraph (1) applies if—
(a)the tenancy was granted to the tenant—
(i)in consequence of the tenant being an employee of the landlord, or
(ii)in the expectation that the tenant would become an employee of the landlord,
(b)the tenant is not employed by the landlord, and
[F2(c)either—
(i)the application for an eviction order that is before the Tribunal was made within 12 months of the tenant ceasing to be an employee of the landlord, or
(ii)if the tenant never became an employee of the landlord, the application for an eviction order that is before the Tribunal was made within 12 months of the tenancy being granted to the tenant.]
[F2(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]
(3)[F3The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—
(a)the conditions set out in sub-paragraph (2)(a) and (b) are met, and
(b)the Tribunal is satisfied that it is reasonable to issue an eviction order, despite the landlord not applying for one within the period of 12 months mentioned in sub-paragraph (2)(c).]
(4)In [F4sub-paragraphs (2) and (3)] [F4sub-paragraph (2)] , “landlord” includes any person who has been a landlord under the tenancy.
Textual Amendments
F1Word in sch. 3 para. 8(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(g)(i) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))
F2Sch. 3 para. 8(2)(c) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(g)(ii) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))
F3Sch. 3 para. 8(3) repealed (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(g)(iii) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))
F4Words in sch. 3 para. 8(4) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 1(1)(3)(g)(iv) (with ss. 11-13, sch. 1 para. 10) (with saving in 2022 asp 8, s. 48(1)(a)) (which affecting provision expires (1.10.2022) by virtue of 2020 asp 7, s. 12(1))
Commencement Information
I1Sch. 3 para. 8 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.
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