Legislation – Coronavirus (Recovery and Reform) (Scotland) Act 2022
Part 4Tenancies
Removal of mandatory eviction grounds
44Assured tenancies: discretionary eviction grounds
(1)
The Housing (Scotland) Act 1988 is modified as follows.
(2)
In section 18 (orders for possession)—
(a)
subsections (3) and (3A) are repealed,
(b)
in subsection (4), for “Part II” substitute “Part I or II”
,
(c)
in subsection (6)(a), the words “or Ground 8” are repealed,
(d)
in subsection (8), for “subsections (3A) and (4A)” substitute “subsection (4A)”
.
(3)
In section 19 (notice of proceedings for possession), subsection (5) is repealed.
(4)
In section 20 (extended discretion of First-tier Tribunal in possession claims)—
(a)
in subsection (1), for “Subject to subsection (6) below, the” substitute “The”
,
(b)
subsection (6) is repealed.
(5)
In section 33(1) (recovery of possession on termination of a short assured tenancy)—
(a)
in the opening words, for “shall” substitute “may”
,
(b)
after paragraph (b), the word “and” is repealed,
(c)
“, and
“(e)
that it is reasonable to make an order for possession.”.
(6)
In schedule 5 (grounds for possession of houses let on assured tenancies)—
(a)
in Part I, Ground 8 is repealed,
(b)
the heading of Part I becomes “Certain grounds on which First-tier Tribunal may order possession”
,
(c)
the heading of Part II becomes “Further grounds on which First-tier Tribunal may order possession”
.