Section 42 New protected tenancies restricted to special cases.
Scotland
A tenancy which begins on or after the commencement of this section cannot be a protected tenancy, unless—
it is entered into in pursuance of a contract made before the commencement of this section; or
it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the protected tenant (or one of the protected tenants) or a statutory tenant of the same landlord; or
it is granted to a person (alone or jointly with others) in the following circumstances—
prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the F1First-tier Tribunal being satisfied as mentioned in section 11(1)(a) of the M1Rent (Scotland) Act 1984 (suitable alternative accommodation available) or on it appearing to the court, under section 48(2)(b) or (c) of the M2Housing (Scotland) Act 1987, that other suitable accommodation was available; and
the tenancy is of the premises which constitute the suitable alternative accommodation as to which the F2First-tier Tribunal was so satisfied or, as the case may be, the other suitable accommodation which appeared to the court to be available; and
in the proceedings for possession F3the First-tier Tribunal or, as the case may be, the court directed that the tenancy would be a protected tenancy; or
it is granted in compliance with a direction under section 51(2)(ii) of the Housing (Scotland) Act 1987 (power of sheriff to direct that tenant of wrongfully repossessed house be given suitable alternative accommodation) or in pursuance of section 282(3)(b) of that Act (grant of tenancy upon acquisition by public sector authority of defective dwelling).
In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include—
a tenant under a short tenancy;
a protected or statutory tenant of a dwelling-house which was let under a short tenancy which has ended and in respect of which either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant,
and in this subsection “short tenancy” includes a tenancy which, in proceedings for possession under Case 15 in Schedule 2 to to the Rent (Scotland) Act 1984 is treated as a short tenancy.
Expressions used in this section have the same meaning as in the M3Rent (Scotland) Act 1984.
Annotations
Textual amendments
- F1
Words in s. 42(1)(c)(i) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 46(a); S.S.I. 2017/330, art. 3, sch.
- F2
Words in s. 42(1)(c)(ii) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 46(b); S.S.I. 2017/330, art. 3, sch.
- F3
Words in s. 42(1)(c)(iii) inserted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 46(c); S.S.I. 2017/330, art. 3, sch.
Marginal citations
- M1
- M2
- M3
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))