LegalizeReform history
Housing (Scotland) Act 1988
32 versions
· 1988-11-02
2025-03-31
Housing (Scotland) Act 1988
2024-04-01
Housing (Scotland) Act 1988
2023-09-27
Housing (Scotland) Act 1988
2023-04-01
Housing (Scotland) Act 1988
2022-10-28
Housing (Scotland) Act 1988
2022-10-01
Housing (Scotland) Act 1988
2022-03-30
Housing (Scotland) Act 1988
2020-12-31
Housing (Scotland) Act 1988
2020-10-03
Housing (Scotland) Act 1988
2020-05-27
Housing (Scotland) Act 1988
2020-04-07
Housing (Scotland) Act 1988
2020-02-25
Housing (Scotland) Act 1988
2019-03-06
Housing (Scotland) Act 1988
2017-12-01
Housing (Scotland) Act 1988
2017-11-30
Housing (Scotland) Act 1988
2017-04-27
Housing (Scotland) Act 1988
2017-04-01
Housing (Scotland) Act 1988
2016-12-01
Housing (Scotland) Act 1988
2013-04-29
Housing (Scotland) Act 1988
Changes on 2013-04-29
@@ -272,19 +272,19 @@
- (a) that Ground 8 in Part I of Schedule 5 to this Act is established; and
- (b) that rent is in arrears as mentioned in that Ground as a consequence of a delay or failure in the payment of relevant housing benefit,
- (b) that rent is in arrears as mentioned in that Ground as a consequence of a delay or failure in the payment of relevant housing benefit or relevant universal credit,
he shall not make an order for possession unless he considers it reasonable to do so.
- (4) If the sheriff is satisfied that any of the grounds in Part II of Schedule 5 to this Act is established, he shall not make an order for possession unless he considers it reasonable to do so.
- (4A) In considering for the purposes of subsection (4) above whether it is reasonable to make an order for possession on Ground 11 or 12 in Part II of Schedule 5 to this Act, the sheriff shall have regard, in particular, to the extent to which any delay or failure to pay rent taken into account by the sheriff in determining that the Ground is established is or was a consequence of a delay or failure in the payment of relevant housing benefit.
- (4A) In considering for the purposes of subsection (4) above whether it is reasonable to make an order for possession on Ground 11 or 12 in Part II of Schedule 5 to this Act, the sheriff shall have regard, in particular, to the extent to which any delay or failure to pay rent taken into account by the sheriff in determining that the Ground is established is or was a consequence of a delay or failure in the payment of relevant housing benefit or relevant universal credit.
- (5) Part III of Schedule 5 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.
- (6) The sheriff shall not make an order for possession of a house which is for the time being let on an assured tenancy, not being a statutory assured tenancy, unless—
- (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 10 , Ground 15 ... Ground 17; and
- (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 5 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 ... Ground 10, Ground 15 or Ground 17; and
- (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question.
@@ -300,7 +300,9 @@
- (ii) any payment on account of any such entitlement awarded under Regulation 91 of those Regulations;
- (b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referable to any act or omission of the tenant.
- (aa) “relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent;
- (b) references to delay or failure in the payment of relevant housing benefit or relevant universal credit do not include such delay or failure so far as referable to any act or omission of the tenant.
#### Notice of proceedings for possession
@@ -2788,7 +2790,7 @@
## SCHEDULE 10
#### General functions of Scottish Homes.
#### Scottish Homes.
##### 2A
@@ -2860,9 +2862,9 @@
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 private rented housing committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 49 below.
#### Orders for possession.
#### Transfer of existing tenancies.
#### Notice of proceedings for possession.
#### Statutory tenants: succession.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -3336,9 +3338,17 @@
[^key-982df37f741dec7e076030f21007a50d]: [Sch. 8 para. 5](https://www.legislation.gov.uk/ukpga/1988/43/schedule/8/paragraph/5) repealed (1.4.2013) by [Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11)](https://www.legislation.gov.uk/asp/2012/11), [ss. 4(b)](https://www.legislation.gov.uk/asp/2012/11/section/4/b), [5(2)](https://www.legislation.gov.uk/asp/2012/11/section/5/2)
[^key-7486b98fd57142621e64873e71f5353e]: Words in s. 18(3A)(b) inserted (29.4.2013) by [The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137)](https://www.legislation.gov.uk/ssi/2013/137), [regs. 1](https://www.legislation.gov.uk/ssi/2013/137/regulation/1), [4(a)](https://www.legislation.gov.uk/ssi/2013/137/regulation/4/a)
[^key-7427ef92d2cfd581e568b46a71a925b9]: Words in s. 18(4A) inserted (29.4.2013) by [The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137)](https://www.legislation.gov.uk/ssi/2013/137), [regs. 1](https://www.legislation.gov.uk/ssi/2013/137/regulation/1), [4(b)](https://www.legislation.gov.uk/ssi/2013/137/regulation/4/b)
[^key-95d38ff0bf14c3f8d9f06597f02f718d]: Words in s. 18(8)(b) inserted (29.4.2013) by [The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137)](https://www.legislation.gov.uk/ssi/2013/137), [regs. 1](https://www.legislation.gov.uk/ssi/2013/137/regulation/1), [4(c)(ii)](https://www.legislation.gov.uk/ssi/2013/137/regulation/4/c/ii)
[^key-0813e365febb9107a16efd8bceb55038]: S. 18(8)(aa) inserted (29.4.2013) by [The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137)](https://www.legislation.gov.uk/ssi/2013/137), [regs. 1](https://www.legislation.gov.uk/ssi/2013/137/regulation/1), [4(c)(i)](https://www.legislation.gov.uk/ssi/2013/137/regulation/4/c/i)
[^key-ce89cd2055fe14f3d927456936845e1f]: Words in s. 1(3)(e) repealed (1.4.2012) by [Housing (Scotland) Act 2010 (asp 17)](https://www.legislation.gov.uk/asp/2010/17), [s. 166(2)](https://www.legislation.gov.uk/asp/2010/17/section/166/2), [Sch. 2 para. 4(2)](https://www.legislation.gov.uk/asp/2010/17/schedule/2/paragraph/4/2); [S.S.I. 2012/39](https://www.legislation.gov.uk/ssi/2012/39), [art. 2](https://www.legislation.gov.uk/ssi/2012/39/article/2), [Sch. 1](https://www.legislation.gov.uk/ssi/2012/39/schedule/1) (with [Sch. 2](https://www.legislation.gov.uk/ssi/2012/39/schedule/2)) (as amended (1.4.2012) by [S.S.I. 2012/91](https://www.legislation.gov.uk/ssi/2012/91), art. 4)
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#### Power of development corporations to dispose of housing land.
##### 11A
@@ -3364,13 +3374,13 @@
- (2) Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Right conferred by Part III.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons by whom right may be exercised.
For the purposes of this Ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.
#### Accommodation for offenders
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.
For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.
##### 30A
2013-04-01
Housing (Scotland) Act 1988
2011-08-31
Housing (Scotland) Act 1988
2009-10-01
Housing (Scotland) Act 1988
2006-06-16
Housing (Scotland) Act 1988
2005-12-05
Housing (Scotland) Act 1988
2005-08-02
Housing (Scotland) Act 1988
2005-06-15
Housing (Scotland) Act 1988
2004-10-28
Housing (Scotland) Act 1988
2004-07-02
Housing (Scotland) Act 1988
2003-11-27
Housing (Scotland) Act 1988
2003-06-25
Housing (Scotland) Act 1988
1999-11-11
Housing (Scotland) Act 1988
1988-11-02
Housing (Scotland) Act 1988
original version
Text at this date