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Paragraph

The house is subject to a heritable security granted before the creation of the tenancy and—

(a)

as a result of a default by the debtor the creditor is entitled to sell the house and requires it for the purpose of disposing of it with vacant possession in exercise of that entitlement; and

(b)

either notice was given in writing to the tenant not later than the date of commencement of the tenancy that possession might be recovered on this Ground or the F1First-tier Tribunal is satisfied that it is reasonable to dispense with the requirement of notice.

Annotations

Textual amendments

F1

Words in Sch. 5 substituted (1.12.2017) by virtue of Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 48(a); 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)

Notes on Part I

Textual amendments

F1

Sch. 5 Pt. 1 heading substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(6)(b), 59(1)