Housing (Scotland) Act 1988

The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the tenant or any other person residing or lodging with him in the house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 17

The house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Part III — Suitable Alternative Accommodation

1

For the purposes of Ground 9 above, a certificate of the local authority for the area in which the house in question is situated, or, where the house in question is in a new town, of the development corporation established for its purposes under the New Towns (Scotland) Act 1968 or, in any case, of Scottish Homes, certifying that the authority, the Corporation or, as the case may be, Scottish Homes, will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

2

Where no such certificate as is mentioned in paragraph 1 above is produced to the First-tier Tribunal , accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—

• (a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—

• (i) a tenancy in respect of which notice is served not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above; or

• (ii) a short assured tenancy, within the meaning of Part II of this Act; or

• (b) premises to be let as a separate dwelling on terms which will, in the opinion of the Tribunal , afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of an assured tenancy of a kind mentioned in paragraph (a) above,

and, in the opinion of the Tribunal , the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

3

• (1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—

• (a) similar as regards rental and extent to the accommodation afforded by houses provided in the neighbourhood by any local authority or development corporation or by Scottish Homes for persons whose needs as regards extent are, in the opinion of the First-tier Tribunal , similar to those of the tenant and of his family; or

• (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and

that, if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local authority or development corporation or of Scottish Homes stating—

• (a) the extent of the accommodation afforded by houses provided by that body to meet the needs of tenants with families of such number as may be specified in the certificate; and

• (b) the amount of the rent charged by that body for houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded house for the purposes of Part VII of the Housing (Scotland) Act 1987.

5

Any document purporting to be a certificate of a local authority or development corporation named therein or of Scottish Homes issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that body shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

Local authorities, development corporations and Scottish Homes may, for the purposes of this Part of this Schedule, furnish particulars as to the availability, extent and character of alternative accommodation.

7

In this Part of this Schedule “local authority” means an islands or district council.

Part IV — Notices relating to recovery of Possession

8

• (1) If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds 1 to 5 in Part I of this Schedule, then, for the purposes of the Ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below.

• (2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy—

• (a) which takes effect immediately on termination of the earlier tenancy; and

• (b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it was terminated; and

• (c) which is of substantially the same house as the earlier tenancy.

• (3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.

9

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 1 in Part 1 of this Schedule, the reference in paragraph (b) of that ground to the landlord’s interest in the tenancy is a reference to such an interest in the earlier tenancy and in any later tenancy falling within paragraph 8(2) above.

10

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that Ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.

SCHEDULE 6

Part I — New Schedules 1A and 1B to Rent (Scotland) Act 1984

1

After Schedule 1 to the Rent (Scotland) Act 1984 there shall be inserted the following Schedules—

Schedule 1A (1) The provisions of paragraph 2 of this Schedule shall have effect for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy. (2) (1) The original tenant’s spouse where the dwelling-house was that spouse’s only or principal home at the time of the tenant’s death shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy. (2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant. (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as then has occupancy rights under section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (rights of cohabiting couples) or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall be treated as the surviving spouse for the purposes of this paragraph. (3) Where paragraph 2 above does not apply but a person who was a member of the original tenant’s family was residing with him in the dwelling-house— (a) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or (b) at the time of and for the period of two years immediately before the tenant’s death, then, after the tenant’s death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. (4) A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 above is in this Schedule referred to as “the first successor”. (5) If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 6 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor. (6) Where a person who— (a) was a member of the original tenant’s family immediately before that tenant’s death; and (b) was a member of the first successor’s family immediately before the first successor’s death, was residing with the first successor in the dwelling-house at the time of, and for the period of two years immediately before, the first successor’s death, that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. (7) (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly— (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death; (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule. (2) Sub-paragraph (1) above applies even if— (a) a successor enters into more than one other tenancy of the dwelling-house; and (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house. (3) In this paragraph “succession” means the occasion on which a person becomes the statutory or statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly. (8) Paragraphs 5 and 6 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965. Schedule 1B (1) The provisions of this Schedule shall have effect for the purpose of determining who is the statutory assured tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the first successor”) who, immediately before his death, was the statutory tenant of the dwelling-house by virtue of paragraph 2 or paragraph 3 of Schedule 1 above. (2) If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 3 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor. (3) Where a person who— (a) was a member of the original tenant’s family immediately before that tenant’s death; and (b) was a member of the first successor’s family immediately before the first successor’s death, was residing with the first successor in the dwelling-house— (i) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or (ii) at the time of and for the period of two years immediately before the tenant’s death, that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. (4) (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly— (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 3 above shall apply on his death; (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule. (2) Sub-paragraph (1) above applies even if— (a) a successor enters into more than one other tenancy of the dwelling-house; and (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house. (3) In this paragraph “succession” means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly. (5) Paragraphs 2 and 3 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.

.

Part II — Statutory Assured Tenants by Succession—Modification of Enactments

2

In relation to the assured tenancy to which the person becomes entitled by succession, section 18 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “or that the circumstances are as specified in any of Cases 11, 12, 17, 18, 19, and 21 in Schedule 2 to the Rent (Scotland) Act 1984”.

3

• (1) In relation to the assured tenancy to which the person becomes entitled by succession, any notice given for the purpose of Case 13, Case 14 or Case 16 of Schedule 2 to the Rent (Scotland) Act 1984 to the original tenant (within the meaning of Schedule I to the Rent (Scotland) Act 1984) shall be treated as having been given for the purposes of whichever of Grounds 4 to 6 in Schedule 5 to this Act corresponds to the Case in question.

• (2) Where sub-paragraph (1) above applies, the regulated tenancy of the said original tenant shall be treated, in relation to the assured tenancy of the person so entitled, as “the earlier tenancy” for the purposes of Part IV of Schedule 5 to this Act.

SCHEDULE 7

1

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2

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3

In section 114 (closing order) in subsection (5) after the word “shall” there shall be inserted the word “ have ”.

4

In section 129 (appeals) in subsection (1) for “, (3) and (4)” there shall be substituted the words “ to (7) ”.

5

In section 139 (penalty for causing or permitting overcrowding) in subsection (2)(a) for the words “age of 10” there shall be substituted the words “ age of one or 10 ”.

6

In section 151 (interpretation of Part VII) in subsection (2) for the words “139(3), 140(1) and (2) and 144(1) and (2)” there shall be substituted the words “ 139, 140 and 144 ”.

7

In section 173 (warrant to authorise entry) in subsection (5)(a) for the word “entry” there shall be substituted the word “ enter ”.

8

In section 179 (general effect of control order) in subsection (3) for the word “on” there shall be substituted the word “ or ”.

9

In section 200 (slum clearance subsidy) in subsection (2) for “(2)” there shall be substituted “ (1) ”.

10

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11

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12

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13

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14

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15

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16

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17

In section 254 (exchequer contributions towards certain grants) in each of subsections (1) and (2) for “250” there shall be substituted “ 249 ”.

18

In section 255 (exchequer contributions in respect of amenities) in each of subsections (1), (4)(b) and (10) for “248” there shall be substituted “ 251 ”.

19

In section 268 (notice of determination) in subsection (4) for the words “1 to 3” and “281, 283 and 284(1)” respectively there shall be substituted the words “ 2, 3 and 7 ” and “ 282, 284 and 285 ”.

20

In section 276 (repurchase by authority other than local authority), in subsection (3), in paragraph (a), for “21” there shall be substituted “ 20 ”.

21

In section 281 (effect of repurchase on certain existing tenancies) in subsection (2)(b) for the words “34(1)(d) of the Tenants’ Rights, Etc (Scotland) Act 1980” there shall be substituted the words “ 9(1)(d) of the Rent (Scotland) Act 1984 ”.

22

In section 282 (grant of tenancy to former owner-occupier) in subsection (2) for “44(1)” there shall be substituted “ 44(2) ”.

23

In section 283 (grant of tenancy to former statutory tenant) in subsection (1)—

• (a) after “44” there shall be inserted “ (2) ”; and

• (b) in paragraph (d) for the words “34(1)(d) of the Tenants’ Rights, Etc. (Scotland) Act 1980 (notice that tenancy is to be a protected shorthold tenancy)” there shall be substituted the words “ 9(1)(d) of the Rent (Scotland) Act 1984 (notice that the tenancy is to be a short tenancy) ”.

24

In section 285 (request for tenancy under sections 282 or 283) in subsection (1)(a) for the words “paragraph 4” there shall be substituted the words “ paragraph 3 ”.

25

In section 296 (contributions by Secretary of State) in subsection (4)(b) for “8 of Schedule 21” and “8(1)(a)” there shall be substituted respectively “ 10 of Schedule 20 ” and “ 10(1)(a) ”.

26

In section 299 (jurisdiction of sheriff) in subsection (2)(b) for the words “paragraph (9) of Schedule 21” there shall be substituted the words “ paragraph 11(1) of Schedule 20 ”.

27

In section 338 (interpretation) in the definition of “standard amenities” for “244(5)” there shall be substituted “ 244(6) ”.

28

In Schedule 7 (application of enactments) in paragraph 13—

• (a) in sub-paragraph (2) for the words “those Parts respectively” there shall be substituted the words “ Part I of this Act ”; and

• (b) in sub-paragraph (3)(a) for the words “Part I of this Act or Part II of Schedule 8 (as the case may be)” there shall be substituted the words “ Part III of Schedule 8 ”.

29

In Schedule 20 (assistance by way of repurchase) in paragraph 3 for the words “a notice” there shall be substituted the words “ an offer to purchase ”.

30

In Schedule 24 (repeals) in the entry relating to the Rent (Scotland) Act 1984, in column 3, for “5(2)(b)” there shall be substituted “ 5(2)(d) ”.

SCHEDULE 8

1

In section 61 (secure tenant’s right to purchase) after subsection (2) there shall be inserted the following subsection—

(2A) For the purposes of subsection (2)(c), where the house was provided by a housing association which, at any time while the house was so provided, was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house.

.

2

In section 62 (price of house being purchased by secure tenant)—

• (a) in subsection (2)—

• (i) after the word “by”, where first occurring, there shall be inserted the word “ either ”; and

• (ii) before the word “as” there shall be inserted the words “ as the landlord thinks fit ”;

• (b) in subsection (4)—

• (i) after “(3)” there shall be inserted “ (a) ”; and

• (ii) at the end there shall be added

; and (b) where the house was provided by a housing association which, at any time while the house was so provided was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house.

.

3

In section 151 (interpretation of Part VII) in the definition of “house” the words from “, not being” to the end of the definition shall cease to have effect.

4

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5

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6

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7

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8

In section 255 (exchequer contributions in respect of amenities) in subsection (7) after “(6)” there shall be inserted the words “ or for such other amount as may be substituted under this subsection ”.

9

In Schedule 10 (landlord’s repairing obligations)—

• (a) for paragraph 1(1) there shall be substituted—

(1) This paragraph applies to any contract (whether entered into before or after the coming into force of Schedule 8 to the Housing (Scotland) Act 1988) for letting a house for human habitation under which no rent is payable or the rent payable is less than that specified by order made by the Secretary of State. (1A) In determining whether this paragraph applies to any contract, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of services, repairs, maintenance or insurance unless it could not have been regarded by the parties to the tenancy as a part so payable. (1B) An order under sub-paragraph (1) above may specify different rents in relation to— (a) different kinds of houses; (b) different areas. (1C) An order under sub-paragraph (1) above may specify rent by reference to such periods or such different periods or such other factors or such combinations thereof as may be specified in the order. (1D) An order under sub-paragraph (1) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (1E) This paragraph does not apply to a contract for the letting by a local authority of any house purchased or retained by the authority under section 121 or paragraph 5 of Schedule 8 for use for housing purposes.

;

• (b) after paragraph 3(1) there shall be inserted—

(1A) If a lease to which this paragraph applies is a lease of a house which forms part only of a building, then, subject to sub-paragraph (1B) of this paragraph, the provision implied by this paragraph (hereinafter referred to as “the implied repairs provision”) shall have effect as if— (a) the reference in paragraph (a) of sub-paragraph (1) of this paragraph to the house included a reference to any part of the building in which the lessor has an interest; and (b) any reference in paragraph (b) of sub-paragraph (1) of this paragraph to installations in the house included a reference to installations which, directly or indirectly, serve the house and in which the lessor has an interest. (1B) Nothing in sub-paragraph (1A) of this paragraph shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the house or of any common parts. (1C) In sub-paragraph (1B) of this paragraph “common parts” in relation to any building or part of a building includes the structure and exterior of that building or part and any common facilities within it.

;

• (c) in paragraph 3(2) for the words from “The provision” to “provision”)” there shall be substituted the words “ The implied repairs provision ”;

• (d) after sub-paragraph (3) there shall be inserted—

(3A) In any case where— (a) the implied repairs provision has effect as mentioned in sub-paragraph (1A) of this paragraph; and (b) in order to comply with the provision the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the house; and (c) the lessor does not have sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs, then, in any proceedings relating to a failure to comply with the implied repairs provision, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable efforts to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.

.

The amendments made by sub-paragraphs (b) to (d) of this paragraph do not have effect with respect to—

• (i) a lease entered into before this Act comes into force; or

• (ii) a lease entered into pursuant to a contract made before this Act comes into force.

10

In Schedule 15 (housing revenue account) in paragraph 9(2) for the words “rate fund contribution” there shall be substituted the words “ contribution out of the said general fund ”.

SCHEDULE 9

Land Compensation (Scotland) Act 1973 c. 56.

1

In section 27(4) (right to home loss payment) after paragraph (b) there shall be inserted the following paragraph—

(bb) a right to occupy the dwelling as a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988;

.

Local Government, Planning and Land Act 1980 c. 65.

2

In Schedule 28, in paragraph 10 (urban development corporations, displacement of persons), after the words “Rent (Scotland) Act 1984” there shall be inserted the words “ or the Housing (Scotland) Act 1988 ”.

Matrimonial Homes (Family Protection) (Scotland) Act 1981 c. 59.

3

In section 22 (interpretation) in the definition of “tenant” for the words “Rent (Scotland) Act 1971” there shall be substituted the words “ Rent (Scotland) Act 1984 and a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 ”.

Rent (Scotland) Act 1984 c. 58.

4

In section 103 (application to sheriff)—

• (a) in subsection (1) for the words from “a summary application” to the end there shall be substituted the words “ by way of summary application ”;

• (b) in subsection (2) for the word “paragraph” there shall be substituted the words “ paragraphs 2 and ”.

5

In Schedule 1 (statutory tenants by succession) in paragraph 2 for the word “his” there shall be substituted the words “ that spouse’s ”.

Housing Associations Act 1985 c. 69.

6

In section 10(2)—

• (a) in paragraph (b) for the words “2 to 7 of Schedule 1 to the Tenants’ Rights, Etc. (Scotland) Act 1980” there shall be substituted the words “ 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

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8

In section 39, in the definition of “secure tenancy” for the words “section 10 of the Tenants’ Rights, Etc. (Scotland) Act 1980” there shall be substituted the words “ 44 of the Housing (Scotland) Act 1987 ”.

9

In section 106(2) for the definition of “shared ownership agreement” there shall be substituted the following definition–

“shared ownership agreement” means an agreement whereby– (a) a pro indiviso right in a dwelling is sold to a person and the remaining pro indiviso rights therein are leased to him subject to his being entitled, from time to time, to purchase those remaining rights until he has purchased the entire dwelling; or (b) pro indiviso rights in dwellings are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those dwellings, becomes entitled to exclusive occupancy of one of the dwellings but with any such person who wishes to sell or otherwise dispose of his share being required to do so through the agency of the trustees, or such other agreement as may be approved whereby a person acquires a pro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, one of the dwellings;

.

Housing (Scotland) Act 1987 c. 26.

10

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11

In section 64(7) (circumstances where prohibition of landlord’s option to repurchase does not apply)—

• (a) in paragraph (a), after the word “sold” there shall be inserted the words “ whether under this Part or otherwise ”;

• (b) for paragraph (b) there shall be substituted the following paragraph–

(b) the Secretary of State is satisfied that an unreasonable proportion of the houses sold consists of houses which have been resold and are not– (i) being used as the only or principal homes of the owners; or (ii) subject to regulated tenancies within the meaning of section 8 of the Rent (Scotland) Act 1984 or assured tenancies for the purposes of Part II of the Housing (Scotland) Act 1988.

.

12

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13

In section 128 (recovery of possession of house to which Rent (Scotland) Act 1984 applies) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.

14

In section 145 (recovery of possession of overcrowded house that is let) after “1984” there shall be inserted the words “ or in Part II of the Housing (Scotland) Act 1988 ”.

15

In section 177 (statutory tenant to be regarded as lessee for purposes of the Act), in paragraph (a), after “1984” there shall be inserted the words “ or Part II of the Housing (Scotland) Act 1988 ”.

16

In section 180 (effect of control order), in subsection (4)—

• (a) after the words “the Act)” there shall be inserted the words “ and paragraph 11 of Schedule 4 to the Housing (Scotland) Act 1988 (which excludes lettings by local authorities from being assured tenancies within the meaning of the Act) ”;

• (b) after “1984” where it second occurs there shall be inserted the words “ or an assured tenancy, within the meaning of the Housing (Scotland) Act 1988, ”;

• (c) for the words “protected or statutory” where they second and third occur there shall be substituted the words “ protected, statutory or assured ”;

• (d) for the words “that Act” there shall be substituted the words “ those Acts ”.

17

In section 207 (local authority’s duty to keep slum clearance revenue account) for paragraph (b) of subsection (2) there shall be substituted the following paragraph—

(b) such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories— (i) any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard; (ii) any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard; (iii) any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced); (iv) such other expenditure as the Secretary of State may direct.

.

18

In section 311 (interpretation of sections 308 to 310), in subsection (2), in the definition of “interest” after “1984” there shall be inserted the words “ or of a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988 ”.

19

In section 328 (duty to inform tenant of assignation of landlord’s interest), in subsection (6), after “1984” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.

20

In section 338 (interpretation), in subsection (1) in the definition of “tenancy” after the word “applies” there shall be inserted the words “ and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988 ”.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Scottish Homes.

2A

25A

• (1) This section applies in the case where an assured tenancy to which section 24 above applies, or an agreement relating to the tenancy, provides for the payment by the tenant to the landlord of sums in respect of council tax; and

• (a) the first anniversary of the date on which the rent has previously been increased (whether by agreement or by virtue of a notice under section 24(1) above or a determination under section 25) has not occurred; or

• (b) a notice is served before 1st April 1993 under section 24(1) above for the purpose of securing an increase in the rent but the new rent has not yet taken effect either by virtue of the notice or a determination under section 25 above.

• (2) At any time before—

• (a) 1st April 1994; or

• (b) the first anniversary of the date when the existing rent took effect,

whichever is the earlier, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take account of any sums payable by the tenant to the landlord in respect of council tax and specifying a date when the new rent shall take effect.

• (3) The date specified in subsection (2) above shall, unless either of the conditions mentioned in subsection (4) below applies, be a date not earlier than one month after the date of service of the notice under this section.

• (4) The conditions referred to in subsection (3) above are that before the date specified in the notice—

• (a) the tenant by an application in the prescribed form refers the notice to the First-tier Tribunal; or

• (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

• (5) Nothing in this section or section 25B affects the right of the landlord and tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

• (6) No more than one notice in respect of any tenancy may be served under this section.

25B

• (1) Where a tenant refers to the First-tier Tribunal a notice under section 25A, the First-tier Tribunal shall determine the amount by which the existing rent might reasonably be increased to take into account the tenant’s liability to make payments to the landlord in respect of council tax.

• (2) A determination under subsection (1) above shall, unless the landlord and tenant otherwise agree, have effect—

• (a) from the date specified in the notice under section 25A(2); or

• (b) if it appears to the First-tier Tribunal that such effect would cause undue hardship to the tenant, from such later date (being not later than the date of the determination) as the First-tier Tribunal may direct.

• (3) In any case where—

• (a) the First-tier Tribunal has before it at the same time a section 24 reference and a section 25A reference relating to the same tenancy; and

• (b) the date specified in the notice under section 24(1) is not later than the date specified in the notice under section 25A; and

• (c) the First-tier Tribunal proposes to hear the two references together,

the First-tier Tribunal shall make a determination in relation to the section 24 reference before making their determination in relation to the section 25A reference.

• (4) In any case where paragraphs (a) and (c), but not paragraph (b), of subsection (3) above are satisfied—

• (a) the First-tier Tribunal shall make a determination in relation to the section 24 reference before the section 25A reference; and

• (b) the rent determined for the purposes of the section 25A reference shall take effect from the date specified in the notice given under that section.

• (5) In this section—

• (a) “section 24 reference” means the reference of a notice under section 24(1);

• (b) “section 25A reference” means the reference of a notice under section 25A; and

• (c) “rent” has the same meaning as in section 25.

• (6) Section 25(2) applies to a determination under this section as it applies to a determination under that section.

48A

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 25 or 34 above, the First-tier Tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the First-tier Tribunal, is fairly attributable to the provision of services, except where that amount is in its opinion negligible; and the amounts so noted may be included in the information specified in an order under section 49 below.

Right conferred by Part III.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

Accommodation for homeless persons

11A

A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.

Accommodation for asylum-seekers

11B

A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999.

Not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground or the First-tier Tribunal is of the opinion that it is reasonable to dispense with the requirement of notice and (in either case)—

The house is subject to a heritable security granted before the creation of the tenancy and—

The house is let under a tenancy for a specified period not exceeding eight months and—

and for the purposes of this Ground a tenancy shall be treated as being for a specified period—

Where the house is let under a tenancy for a specified period not exceeding 12 months and—

and for the purposes of this Ground a tenancy shall be treated as being for a specified period—

The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a residence from which to perform the duties of his office and—

The landlord who is seeking possession or, where the immediate landlord is a registered housing association within the meaning of the Housing Associations Act 1985, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the house or to carry out substantial works on the house or any part thereof or any building of which it forms part and the following conditions are fulfilled (and in those conditions the landlord who is intending to carry out the demolition, reconstruction or substantial works is referred to as “the relevant landlord”)—

The tenancy has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the First-tier Tribunal so directs, after the date on which, in his opinion, the landlord (or, where there are joint landlords, any of them) became aware of the former tenant’s death.

...

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

The following conditions are fulfilled—

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Some rent lawfully due from the tenant—

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any one of joint tenants or any person residing or lodging with him or any sub-tenant of his; and, in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or a sub-tenant of his, the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the tenant or any other person residing or lodging with him in the house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Editorial notes