Part 2

Dealing with evictions

Evictions: duties to consider delay

Protected tenancies and statutory tenancies: duty to consider delay to eviction
31
1
The Rent (Scotland) Act 1984 is modified as follows.
2
After section 12 insert—

Orders for possession: duty to consider delay
12ZA
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.
.