Coronavirus (Recovery and Reform) (Scotland) Act 2022

45 Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds

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

(2) In section 11 (grounds for possession of certain dwelling-houses)—

(a) in subsection (1)(b), after “Part I” insert “or II”,

(b) subsection (2) is repealed.

(3) In section 12 (extended discretion of Tribunal)—

(a) in subsection (1), the words “Subject to subsection (5) below,” are repealed,

(b) in subsection (2), the words “, subject to subsection (5) below,” are repealed,

(c) subsection (5) is repealed.

(4) In section 14 (conditions applying to recovery of short tenancies)—

(a) in subsection (1), after “Act” insert “provided the First-tier Tribunal considers it reasonable to allow such recovery”,

(b) in subsection (3)—

(i) the words from “a landlord” to “above,” become paragraph (a),

(ii) after paragraph (a) insert “or

“(b) the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,”,

(iii) the words from “the tenancy shall” to “this subsection.” become the closing words.

(5) In schedule 2 (grounds for possession for protected or statutory tenancies)—

(a) the heading of Part I becomes “Certain cases in which First-tier Tribunal may order possession”,

(b) the heading of Part II becomes “Further cases in which First-tier Tribunal may order possession”.