SCHEDULES
F1SCHEDULE 3 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
PART II SUITABILITY OF ACCOMMODATION
1
—For the purposes of sections 48(3) and 51(3), accommodation is suitable if—
a
it consists of premises which are to be let as a separate dwelling under a secure tenancy or under a protected tenancy within the meaning of the Rent (Scotland) Act 1984 F2or under an assured tenancy within the meaning of the Housing (Scotland) Act 1988; and
b
it is reasonably suitable to the needs of the tenant and his family.
2
—In determining whether accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—
a
its proximity to the place of work (including attendance at an educational institution) of the tenant and of other members of his family, compared with his existing house;
b
the extent of the accommodation required by the tenant and his family;
c
the character of the accommodation offered compared to his existing house;
d
the terms on which the accommodation is offered to the tenant compared with the terms of his existing tenancy;
e
if any furniture was provided by the landlord for use under the existing tenancy, whether furniture is to be provided for use under the new tenancy which is of a comparable nature in relation to the needs of the tenant and his family;
f
any special needs of the tenant or his family.
3
—If the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 1(a) and which appears to it to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of the offer) by which the offer must be accepted, the accommodation so offered shall be deemed to be suitable if—
a
the landlord shows that the tenant accepted the offer within the time duly specified in the offer; or
b
the landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer.
Sch. 3 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(42); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)