Part 2 Dealing with evictions

Evictions: duties to consider delay

31 Protected tenancies and statutory tenancies: duty to consider delay to eviction

(1) The Rent (Scotland) Act 1984 is modified as follows.

(2) After section 12 insert—

“12ZA Orders for possession: duty to consider delay

(1) On the making of an order for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the dwelling-house for a period (but see subsection (5)).

(2) The First-tier Tribunal may consider in particular—

(a) whether, if the date of possession were not postponed for a period, the order for possession 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 postponing the date of possession for a period 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 First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession.

(5) Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession are the circumstances specified in Case 2 of Part 1 of schedule 2.

(6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal.

(7) Regulations under subsection (6) may make—

(a) different provision for different purposes,

(b) incidental, supplementary, consequential, transitional, transitory or saving provision.

(8) Regulations under subsection (6) are subject to the affirmative procedure.”.