{
  "url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/schedule-3/paragraph-10",
  "json_url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/schedule-3/paragraph-10.json",
  "legislation": "asp/2016/19",
  "legislation_title": "Private Housing (Tenancies) (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016",
  "path": "schedule/3/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "(1) It is an eviction ground that the tenant is not occupying the let property as the tenant's home.\n(2) The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—\n(a) the let property is not being occupied as the only or principal home of—\n(i) the tenant, or\n(ii) a person to whom a sub-tenancy of the let property has been lawfully granted, ...\n(b) the property's not being so occupied is not attributable to a breach of the landlord's duties under Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 , and\n(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.\n(3) In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in sch. 3 para. 10(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(i), 59(1) (with s. 48(1))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in sch. 3 para. 10(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(ii), 59(1) (with s. 48(1))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 3 para. 10(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(iii), 59(1) (with s. 48(1))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 3 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/10",
    "retrieved_at": "2026-10-29T20:13:28.355400+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}