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10(1)It is an eviction ground that the tenant is not occupying the let property as the tenant’s home.
(2)The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if—
(a)the let property is not being occupied as the only or principal home of—
(i)the tenant, or
(ii)a person to whom a sub-tenancy of the let property has been lawfully granted, and
(b)the property’s not being so occupied is not attributable to a breach of the landlord’s duties under Chapter 4 of Part 1 of the Housing (Scotland) Act 2006.
(3)In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3).