# Private Housing (Tenancies) (Scotland) Act 2016, Paragraph 10

Extent: S

(1) It is an eviction ground that the tenant is not occupying the let property as the tenant's home.
(2) The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if—
(a) the let property is not being occupied as the only or principal home of—
(i) the tenant, or
(ii) a person to whom a sub-tenancy of the let property has been lawfully granted, ...
(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
(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
(3) In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3).

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Source: https://www.legislation.gov.uk/asp/2016/19/schedule/3/paragraph/10 (the official version)
Page: https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/schedule-3/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.