Paragraph

Some rent lawfully due from the tenant—

(a)

is unpaid on the date on which the proceedings for possession are begun; and

(b)

except where subsection (1)(b) of section 19 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

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 II

Textual amendments

F1: Sch. 5 Pt. 2 heading substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(6)(c), 59(1)