2018 No. 155

Housing

The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 36(3) and 109(2) of the Housing (Scotland) Act 2001 F1 and all other powers enabling them to do so.

Annotations:
Amendments (Textual)

Citation, commencement and interpretation1

1

These Regulations may be cited as the Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018 and shall come into force on 1st May 2019.

2

In these Regulations “the Act” means the Housing (Scotland) Act 2001.

Form of notice for recovery of possession2

1

Where the landlord is seeking to recover possession of a house which is the subject of a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2, or 2A of schedule 6 of the Act the prescribed form of notice for the purposes of section 36(3) of the Act is contained in schedule 1.

2

Where the landlord is seeking to recover possession of a house which is the subject of a short Scottish secure tenancy created by virtue of paragraph 3, 4, 5, 6, 7 or 7A of schedule 6 of the Act the prescribed form of notice for the purposes of section 36(3) of the Act is contained in schedule 2.

Revocation3

The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 F2 are revoked.

Saving Provision4

Nothing in these Regulations affects the validity of a notice under section 36(3) of the Act served prior to 1st May 2019.

KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh

SCHEDULE 1

Regulation 2(1)

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SCHEDULE 2

Regulation 2(2)

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 expiry of earlier affecting provision 2020 asp 7, sch. 1 para. 9 (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5)

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(This note is not part of the Regulations)

These regulations prescribe the form of notice to be used by a landlord when notifying a tenant under a short Scottish secure tenancy, within the meaning of Part 2 of the Housing (Scotland) Act 2001 (“the Act”), that the landlord requires possession of the house occupied by that tenant and may commence possession proceedings in respect of that house.

Schedule 1 contains the form of notice that is to be used in relation to a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 of the Act.

Schedule 2 contains the form of notice that is to be used in relation to a short Scottish secure tenancy created by virtue of paragraph 3,4,5, 6, 7 or 7A of schedule 6 of the Act.

A notice in the prescribed form must be served by a landlord on a tenant in terms of section 36(2) of the Act.

The notice sets out the time limits within which the landlord is permitted to commence possession proceedings.

Regulation 3 revokes the Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 (S.S.I. 2002/319). Regulation 4 makes a saving for notices served prior to 1st May 2019.