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Coronavirus (Scotland) Act 2020

Assured tenancies: eviction grounds to be discretionary

23.Paragraph 3 modifies the Housing (Scotland) Act 1988 (“the 1988 Act”) during the relevant period and provides that a notice under section 19 (notice of proceedings for possession) of section 33(1)(d) (notice of recovery of possession of short assured tenancy) of that Act has effect as if the 1988 Act was modified in accordance with this paragraph.

24.Subparagraphs (2) and (3) of paragraph 3 make modifications to the 1988 Act to provide that during the relevant period the Tribunal is to consider the reasonableness of making an eviction order in relation to all grounds for repossession. Subparagraph 4 of paragraph 3 modifies section 33 of the 1988 Act in relation to recovery of possession on termination of a short assured tenancy to provide repossession is discretionary and that the Tribunal is to consider the reasonableness of making an eviction order in the relevant period.

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