{
  "url": "https://openlegislation.uk/housing-scotland-act-1988/schedule-5/paragraph-2",
  "json_url": "https://openlegislation.uk/housing-scotland-act-1988/schedule-5/paragraph-2.json",
  "legislation": "ukpga/1988/43",
  "legislation_title": "Housing (Scotland) Act 1988",
  "legislation_url": "https://openlegislation.uk/housing-scotland-act-1988",
  "path": "schedule/5/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "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—\n(a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—\n(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\n(ii) a short assured tenancy, within the meaning of Part II of this Act; or\n(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,\nand, in the opinion of the Tribunal , the accommodation fulfils the relevant conditions as defined in paragraph 3 below.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/43/schedule/5/paragraph/2",
    "retrieved_at": "2026-10-29T09:47:44.940068+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}