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Changes over time for: Cross Heading: Tenancies under the Rent (Scotland) Act 1984: extension of notice periods

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Tenancies under the Rent (Scotland) Act 1984: extension of notice periodsS

6(1)The Rent (Scotland) Act 1984 applies, in relation to a notice served on a tenant in accordance with section 112(1) of that Act while this paragraph is in force, in accordance with the modifications in this paragraph.S

(2)Section 14 (conditions applying to landlord's right to recovery of possession of a short tenancy) has effect as if, in subsection (2), for the words “three nor more than six” there were substituted “ six nor more than nine ”.

(3)Section 112 (minimum length of notice to quit) has effect as if—

(a)in subsection (1), for the words “given not less than four weeks before the date on which it is to take effect” there were substituted given—

(a)in the case of a notice by a landlord, not less than the specified amount of time before the date on which it is to take effect,

(b)in the case of a notice by a tenant, not less than four weeks before the date on which it is to take effect,

(b)after subsection (1) there were inserted—

(1A)A notice given by a landlord in accordance with subsection (1) must state, in addition to any other information that is prescribed under subsection (1), the basis on which the landlord intends to seek possession of the dwelling-house.

(1B)For the purpose of subsection (1)(a), the specified amount of time [F1for a notice served before 3 October 2020] is—

(a)4 weeks if subsection (1C) applies,

(b)3 months if subsection (1D) applies,

(c)6 months if subsection (1E) applies.

(1C)This subsection applies if the notice under subsection (1) specifies that possession is sought only in accordance with section 11(1)(a) on the basis that suitable alternative accommodation is available, or will be available, for the tenant.

(1D)This subsection applies if the notice under subsection (1) specifies that possession is sought only on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2—

(a)Case 2,

(b)Case 6,

(c)Case 8 or 9,

(d)Case 11.

(1E)This subsection applies if the notice under subsection (1) specifies that possession is sought on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without specifying any other Cases)—

(a)Case 1,

(b)Cases 3 to 5,

(c)Case 7,

(d)Case 10,

(e)Cases 12 to 21.

[F2(1F)For the purpose of subsection (1)(a), the specified amount of time for a notice served on or after 3 October 2020 is—

(a)4 weeks if subsection (1G) applies,

(b)3 months if subsection (1H) applies,

(c)6 months if subsection (1I) applies.

(1G)This subsection applies if the notice under subsection (1) specifies one or both of the following—

(a)that possession is sought in accordance with section 11(1)(a) on the basis that suitable alternative accommodation is available, or will be available, for the tenant, or

(b)that possession is sought on the basis that the circumstances are as specified in Case 2 in Schedule 2.

(1H)This subsection applies if the notice under subsection (1) specifies that possession is sought only on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without also specifying the Case referred to in subsection (1G)(b))—

(a)Case 6,

(b)Case 8 or 9,

(c)Case 11.

(1I)This subsection applies if the notice under subsection (1) specifies that possession is sought on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without specifying any other Cases)—

(a)Case 1,

(b)Cases 3 to 5,

(c)Case 7,

(d)Case 10,

(e)Cases 12 to 21.].

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