Paragraph 2

Scotland

Where no such certificate as is mentioned in paragraph 1 above is produced to the F1First-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 F2Tribunal , 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 F3Tribunal , the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(i); S.S.I. 2017/330, art. 3, sch.
F2: Word in Sch. 5 para. 2(b) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(ii); S.S.I. 2017/330, art. 3, sch.
F3: Word in Sch. 5 para. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(d)(iii); S.S.I. 2017/330, art. 3, sch.

Notes on Schedule 5

Modifications

C1: Sch. 5 modified (temp.) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 5(4) (with ss. 1(2), 6, 7, 8) (as amended (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2)); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)