Section 33 Recovery of possession on termination of a short assured tenancy.

Scotland

(1)

Without prejudice to any right of the landlord under a short assured tenancy to recover possession of the house let on the tenancy in accordance with sections 12 to 31 of this Act, the F1First-tier Tribunal F2may make an order for possession of the house if F3the Tribunal is satisfied—

(a)

that the short assured tenancy has reached its finish;

(b)

that tacit relocation is not operating; F4...

F5(c)

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

(d)

that the landlord (or, where there are joint landlords, any of them) has given to the tenant notice stating that he requires possession of the house F6, and

(e)

that it is reasonable to make an order for possession.

(2)

The period of notice to be given under subsection (1)(d) above shall be—

(i)

if the terms of the tenancy provide, in relation to such notice, for a period of more than two months, that period;

(ii)

in any other case, two months.

(3)

A notice under paragraph (d) of subsection (1) above may be served before, at or after the termination of the tenancy to which it relates.

(4)

Where the F7First-tier Tribunal makes an order for possession of a house by virtue of subsection (1) above, any statutory assured tenancy which has arisen as at that finish shall end (without further notice) on the day on which the order takes effect.

F8(5)

For the avoidance of doubt, sections 18 and 19 do not apply for the purpose of a landlord seeking to recover possession of the house under this section.

Annotations

Textual amendments

F1: Words in s. 33(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 44(a)(i); S.S.I. 2017/330, art. 3, sch.
F2: Word in s. 33(1) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(5)(a), 59(1)
F3: Words in s. 33(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 44(a)(ii); S.S.I. 2017/330, art. 3, sch.
F4: Word in s. 33(1) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(5)(b), 59(1)
F5: S. 33(1)(c) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(3)(b); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
F6: S. 33(1)(e) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 44(5)(c), 59(1)
F7: Words in s. 33(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 44(b); S.S.I. 2017/330, art. 3, sch.
F8: S. 33(5) inserted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 34, 41(3); S.S.I. 2011/270, art. 2, Sch.

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))