Part 2

Dealing with evictions

Evictions: duties to consider delay

Scottish secure tenancies etc.: duty to consider delay to eviction
29
1
The Housing (Scotland) Act 2001 is modified as follows.
2
After section 16 insert—

Orders for possession: duty to consider delay
16A
1
When appointing a date for recovery of possession of a house in an order under section 16(2), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)).
2
The court may consider in particular—
a
whether giving the landlord the right to recover possession 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 seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a).
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 court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession.
5
Subsection (1) does not apply if the court is satisfied that the only grounds established for the order for recovery of possession are one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.
.
3
After section 36 insert—

Recovery of possession: duty to consider delay
36A
1
When appointing a date for recovery of possession of a house in an order under section 36(5), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)).
2
The court may consider in particular—
a
whether giving the landlord the right to recover possession 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 seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a).
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 court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession.
5
Subsection (1) does not apply if the court is satisfied that the only reasons established for the order for recovery of possession are comparable to one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.
.
S. 29 not in force at Royal Assent, see s. 86(2)