Paragraph 5

Scotland

The tenant and—

(a)

the tenant’s spouse F1or civil partner , or

(b)

any person with whom the tenant has, for a period of at least 6 months immediately prior to the commencement of the period referred to below, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between F2civil partners ,

have been absent from the house without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the house as their principal home.

Annotations

Textual amendments

F1: Words in sch. 2 para. 5(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 65(2)(a); S.S.I. 2005/604, arts. 2(c), 4
F2: Words in sch. 2 para. 5(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 65(2)(b); S.S.I. 2005/604, arts. 2(c), 4

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)