Part 4

Tenancies

Removal of mandatory eviction grounds

Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds
45
1
The Rent (Scotland) Act 1984 is modified as follows.
2
In section 11 (grounds for possession of certain dwelling-houses)—
a
in subsection (1)(b), after “Part I” insert “or II”,
b
subsection (2) is repealed.
3
In section 12 (extended discretion of Tribunal)—
a
in subsection (1), the words “Subject to subsection (5) below,” are repealed,
b
in subsection (2), the words “, subject to subsection (5) below,” are repealed,
c
subsection (5) is repealed.
4
In section 14 (conditions applying to recovery of short tenancies)—
a
in subsection (1), after “Act” insert “provided the First-tier Tribunal considers it reasonable to allow such recovery”,
b
in subsection (3)—
i
the words from “a landlord” to “above,” become paragraph (a),
ii
after paragraph (a) insert “or
b
the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,
,
iii
the words from “the tenancy shall” to “this subsection.” become the closing words.
5
In schedule 2 (grounds for possession for protected or statutory tenancies)—
a
the heading of Part I becomes “Certain cases in which First-tier Tribunal may order possession”,
b
the heading of Part II becomes “Further cases in which First-tier Tribunal may order possession”.