Private residential tenancies: eviction grounds to be discretionary
1(1)The Private Housing (Tenancies) (Scotland) Act 2016 applies, in relation to a notice to leave within the meaning of section 62 of that Act served on a tenant while this paragraph is in force, in accordance with the modifications in this paragraph.
(2)Section 51(2) (First-tier Tribunal’s power to issue an eviction order) has effect as if the words “or must” were repealed.
(3)Schedule 3 (eviction grounds) has effect as if—
(a)in paragraph 1(2) (landlord intends to sell)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (a), the word “and” were repealed,
(iii)after paragraph (b) there were inserted “, and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(b)in paragraph 2(2) (property to be sold by lender)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (b), the word “and” were repealed,
(iii)after paragraph (c) there were inserted “, and
(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(c)in paragraph 3(2) (landlord intends to refurbish)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (b), the word “and” were repealed,
(iii)after paragraph (c) there were inserted “, and
(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(d)in paragraph 4(2) (landlord intends to live in property)—
(i)for the word “must” there were substituted “may”,
(ii)the words from “the landlord” to “3 months” were paragraph (a),
(iii)after paragraph (a) there were inserted “, and
(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.”,
(e)in paragraph 6(2) (landlord intends to use for non-residential purpose)—
(i)for the word “must” there were substituted “may”,
(ii)the words from “the landlord” to “home” were paragraph (a),
(iii)after paragraph (a) there were inserted “, and
(b)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.”,
(f)in paragraph 7(2) (property required for religious purpose)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (b) the word “and” were repealed,
(iii)after paragraph (c) there were inserted “, and
(d)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(g)in paragraph 8 (not an employee)—
(i)in the opening words of sub-paragraph (2), for the word “must” there were substituted “may”,
(ii)for paragraph (c) there were substituted—
“(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(iii)sub-paragraph (3) were repealed,
(iv)in sub-paragraph (4), for the words “sub-paragraphs (2) and (3)” there were substituted “sub-paragraph (2)”,
(h)in paragraph 10(2) (not occupying let property)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (a), the word “and” were repealed,
(iii)after paragraph (b) there were inserted “, and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”,
(i)in paragraph 12 (rent arrears), sub-paragraph (2) were repealed,
(j)in paragraph 13(2) (criminal behaviour)—
(i)in the opening words, for the word “must” there were substituted “may”,
(ii)after paragraph (a), the word “and” were repealed,
(iii)after paragraph (b) there were inserted “, and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”.