Section 30 Assured tenancies: duty to consider delay to evictionI1

The Housing (Scotland) Act 1988 is modified as follows.

After section 20 insert—

“Orders for possession: duty to consider delay

20A

(1)

On the making of an order for possession of a house let on an assured tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the house for a period (but see subsection (5)).

(2)

The First-tier Tribunal may consider in particular—

(a)

whether, if the date of possession were not postponed for a period, the order for possession would—

(i)

cause the tenant or a member of the tenant’s household to experience financial hardship,

(ii)

have a detrimental effect on the health of the tenant or a member of the tenant’s household, or

(iii)

have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,

(b)

whether postponing the date of possession for a period would—

(i)

cause the landlord to experience financial hardship,

(ii)

have a detrimental effect on the health of the landlord, or

(iii)

have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and

(c)

whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b).

(3)

In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.

(4)

For the purposes of subsections (1) and (2), the First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession.

(5)

Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession is Ground 15 in Part 2 of schedule 5.

(6)

The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal.

(7)

Regulations under subsection (6) are subject to the affirmative procedure.”.