There are currently no known outstanding effects for the Private Housing (Tenancies)
(Scotland) Act 2016, Paragraph 10.
10(1)It is an eviction ground that the tenant is not occupying the let property as the tenant's home.S
(2)The First-tier Tribunal [F1may] 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, F2...
(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 [F3, and
(c)the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.]
(3)In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3).
Textual Amendments
F1Word in sch. 3 para. 10(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(i), 59(1) (with s. 48(1))
F2Word in sch. 3 para. 10(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(ii), 59(1) (with s. 48(1))
F3Sch. 3 para. 10(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(iii), 59(1) (with s. 48(1))
Commencement Information
I1Sch. 3 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
