Explanatory note

This Order prescribes the maximum period for which a landlord’s right to recover possession of a house in pursuance of a court order under section 16(2) of the Housing (Scotland) Act 2001 is to have effect, in certain cases. Those cases are where the court order is made on the grounds that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2 to the Housing (Scotland) Act 2001), or on grounds including that ground.

Article 2 prescribes a maximum period of 6 months from the date a decree (in respect of an order made under section 16(2) of the Act) is extracted. Where an appeal is lodged after the date of extract, and an order for recovery of possession is subsequently upheld, the prescribed maximum period of 6 months will begin on the date of the interlocutor of the court disposing of the appeal.