Part 2

Dealing with evictions

Evictions: duties to consider delay

Private residential tenancies: duty to consider delay to eviction
28
1
The 2016 Act is modified as follows.
2
After section 51 insert—

Eviction orders: duty to consider delay
51A
1
When specifying in an eviction order the day on which a tenancy is to end, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to specify a day that has the effect of delaying the bringing of the tenancy to an end (but see subsection (5)).
2
The Tribunal may consider in particular—
a
whether bringing the tenancy to an end without a period of delay would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether a period of delay in bringing the tenancy to an end would—
i
cause the landlord to experience financial hardship,
ii
have a detrimental effect on the health of the landlord, or
iii
have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and
c
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay the bringing of the tenancy to an end.
5
Subsection (1) does not apply if the Tribunal is satisfied that the only grounds established for the eviction order are one or more of the following eviction grounds—
a
that the tenant is not occupying the let property as the tenant’s home,
b
that the tenant has a relevant conviction,
c
that the tenant has engaged in relevant anti-social behaviour.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the Tribunal.
.
S. 28 not in force at Royal Assent, see s. 86(2)