OpenLegislation

Section 20 Extended discretion of First-tier Tribunal in possession claimsF11

Scotland

(1)

F1The F2First-tier Tribunal may adjourn for such period or periods as F3the Tribunal thinks fit, proceedings for possession of a house let on an assured tenancy.

(2)

On the making of an order for possession of a house let on an assured tenancy or at any time before the execution of such an order, the F4First-tier Tribunal , subject to subsection (6) below, may—

(a)

sist or suspend execution of the order; or

(b)

postpone the date of possession,

for such period or periods as F5the Tribunal thinks fit.

(3)

On any such adjournment as is referred to in subsection (1) above or on any such sist, suspension or postponement as is referred to in subsection (2) above, the F6First-tier Tribunal , unless F7the Tribunal considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy and may impose such other conditions as the Tribunal thinks fit.

(4)

If any such conditions as are referred to in subsection (3) above are complied with, the F8First-tier Tribunal may, if F9the Tribunal thinks fit, recall any such order as is referred to in subsection (2) above.

(5)

In any case where—

(a)

at a time when proceedings are brought for possession of a house let on an assured tenancy, any person having occupancy rights under section 1 or 18 of the M1Matrimonial Homes (Family Protection) (Scotland) Act 1981 is in occupation of the house; and

(b)

the assured tenancy is terminated as a result of those proceedings,

that person, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such sist, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those occupancy rights were not affected by the termination of the tenancy.

F10(6)

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

Annotations

Textual amendments

F1

Word in s. 20(1) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(4)(a), 59(1)

F2

Words in s. 20(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(a)(i); S.S.I. 2017/330, art. 3, sch.

F3

Words in s. 20(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(a)(ii); S.S.I. 2017/330, art. 3, sch.

F4

Words in s. 20(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(b)(i); S.S.I. 2017/330, art. 3, sch.

F5

Words in s. 20(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(b)(ii); S.S.I. 2017/330, art. 3, sch.

F6

Words in s. 20(3) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(c)(i); S.S.I. 2017/330, art. 3, sch.

F7

Words in s. 20(3) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(c)(ii); S.S.I. 2017/330, art. 3, sch.

F8

Words in s. 20(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(d)(i); S.S.I. 2017/330, art. 3, sch.

F9

Words in s. 20(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(d)(ii); S.S.I. 2017/330, art. 3, sch.

F10

S. 20(6) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(4)(b), 59(1)

F11

S. 20 title substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 37(f); S.S.I. 2017/330, art. 3, sch.

Marginal citations

M1

1981 c. 59.

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))