Section 19 Notice of proceedings for possession.C1

Scotland

(1)

The F1First-tier Tribunal shall not entertain proceedings for possession of a house let on an assured tenancy unless—

(a)

the landlord (or, where there are joint landlords, any of them) has served on the tenant a notice in accordance with this section; or

(b)

F2the Tribunal considers it reasonable to dispense with the requirement of such a notice.

(2)

The F3First-tier Tribunal shall not make an order for possession on any of the grounds in Schedule 5 to this Act unless that ground F4and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the Tribunal.

(3)

A notice under this section is one F5in the prescribed form informing the tenant that—

(a)

the landlord intends to raise proceedings for possession of the house on one or more of the grounds specified in the notice; and

(b)

those proceedings will not be raised earlier than the expiry of the period of two weeks or two months (whichever is appropriate under subsection (4) below) from the date of service of the notice.

(4)

The minimum period to be specified in a notice as mentioned in subsection (3)(b) above is—

(a)

two months if the notice specifies any of Grounds 1, 2, 5, 6, 7, 9 and 17 in Schedule 5 to this Act (whether with or without other grounds); and

(b)

in any other case, two weeks.

F6(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Where a notice under this section relating to a contractual tenancy—

(a)

is served during the tenancy; or

(b)

is served after the tenancy has been terminated but relates(in whole or in part) to events occurring during the tenancy,

the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory assured tenancy arising on the termination of the contractual tenancy.

(7)

A notice under this section shall cease to have effect 6 months after the date on or after which the proceedings for possession to which it relates could have been raised.

Annotations

Textual amendments

F1: Words in s. 19(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 36(a)(i); S.S.I. 2017/330, art. 3, sch.
F2: Words in s. 19(1)(b) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 36(a)(ii); S.S.I. 2017/330, art. 3, sch.
F3: Words in s. 19(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 36(b); S.S.I. 2017/330, art. 3, sch.
F4: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 85(a)
F5: Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 85(b)
F6: S. 19(5) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(3), 59(1)

Modifications

C1: S. 19 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(3) (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

Modifications

C1: Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335
C2: Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
C3: Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
C4: Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))