Paragraph 3
The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of acts of waste by, or the neglect or default of, a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.
In sub-paragraph (1), “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.
Notes on the whole Act
Textual amendments
- F1
Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))
Notes on Schedule 2
Textual amendments
- F1
Sch. 2 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(7), 24(2); S.S.I. 2025/400, reg. 2(b)
Commencement
- I1
Sch. 2 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
Notes on Part 1
Textual amendments
- F1
Sch. 2 Pt. 1 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(8), 24(2); S.S.I. 2025/400, reg. 2(b)