Paragraph 10 I1

Scotland

(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 F1may 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, F2...

(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 F3, 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).

Annotations

Textual amendments

F1: 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))
F2: Word in sch. 3 para. 10(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(ii), 59(1) (with s. 48(1))
F3: 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))

Commencement

I1: Sch. 3 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.