Tenants’ Rights, Etc. (Scotland) Act 1980

The landlord intends within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the dwelling-house, and it cannot reasonably do so without obtaining possession of the dwelling-house.

11

The dwelling-house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the dwelling house and—

• (a) there is no longer a person with such special needs occupying the dwelling-house ; and

• (b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such special needs.

12

The dwelling-house forms part of a group of dwelling-houses which has been designed, or which has been provided with or located near facilities, for persons in need of special social support, and—

• (a) there is no longer a person with such a need occupying the dwelling-house; and

• (b) the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such a need.

13

The landlord is a housing association which has as its object, or as one of its objects, the housing of persons who are in a special category by reason of age, infirmity, disability or social circumstances and the tenant (or one of joint tenants), having been granted a tenancy as a person falling into such a special category, has ceased to be in the special category, or for other reasons the accommodation in the dwelling house is no longer suitable for his needs, and the accommodation is required for someone who is in a special category.

14

The interest of the landlord in the dwelling house is that of a lessee under a lease and that lease either

• (a) has terminated, or

• (b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possesion.

PART II — Suitability of Accommodation

1

For the purposes of sections 15 and 20 of this Act, 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 1971 ; 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 dwelling-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 dwelling-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

M the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 1(a) above 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.

SCHEDULE 3

1

A secure tenant who wishes to assign, sublet or otherwise give up to another person possession of the dwelling-house which is the subject of the secure tenancy or any part thereof or take in a lodger shall serve on the landlord an application in writing for the landlord's consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.

2

In relation to an application under paragraph 1 above, the landlord may consent, or may refuse his consent, provided that he may not refuse his consent unreasonably.

3

• (a) The landlord shall serve on the tenant notice in writing of his consent or refusal, and in the case of refusal the reasons therefor, within one month of receipt of the application.

• (b) where the landlord fails to serve a notice in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4

A tenant who is aggrieved by a refusal (other than a refusal on the grounds provided for ill section 21(2) of this Act) may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5

In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application unless it appears to him that the refusal is reasonable.

6

In deciding whether a refusal is reasonable the sheriff shall have regard in particular to—

• (a) whether the consent would lead to overcrowding of the dwelling-house in such circumstances as to render the occupier guilty of an offence under section 89 of the Housing (Scotland) Act 1966 ; and

• (b) whether the landlord proposes to carry out works on the dwelling-house or on the building of which it forms part so that the proposed works will affect the accommodation likely to be used by the sub-tenant or lodger who would reside in the dwelling-house as a result of the consent.

SCHEDULE 4

1

A secure tenant who wishes to carry out work shall serve on the landlord an application in writing for the landlord's consent, giving details of the work proposed to be carried out.

2

In relation to an application under paragraph 1 above, the landlord may—

• (a) consent;

• (b) refuse his consent, provided that he may not refuse his consent unreasonably; or

• (c) consent subject to such reasonable conditions as he may impose.

3

• (a) The landlord shall intimate his consent or refusal, and any conditions imposed, and in the case of refusal the reasons therefor, to the tenant in writing within one month of receipt of the application.

• (b) in the event that the landlord fails to make intimation in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4

A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(c) above may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5

In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application or, as the case may be, to withdraw the condition unless it appears to him that the refusal or condition is reasonable.

6

In deciding whether a refusal or a condition is reasonable the sheriff shall have regard in particular to—

• (a) the safety of occupiers of the dwelling-house or of any other premises;

• (b) any expenditure which the landlord is likely to incur as a result of the work ;

• (c) whether the work is likely to reduce the value of the dwelling house or of any premises of which it forms part, or to make the dwelling-house or such premises less suitable for letting or for sale ; and

• (d) any effect which the work is likely to have on the extent of the accommodation provided by the dwelling-house.

SCHEDULE 5