OpenLegislation

Section 51 First-tier Tribunal's power to issue an eviction orderI1C1

Scotland

(1)

The First-tier Tribunal is to issue an eviction order against the tenant under a private residential tenancy if, on an application by the landlord, it finds that one of the eviction grounds named in schedule 3 applies.

(2)

The provisions of schedule 3 stating the circumstances in which the Tribunal may F1... find that an eviction ground applies are exhaustive of the circumstances in which the Tribunal is entitled to find that the ground in question applies.

(3)

The Tribunal must state in an eviction order the eviction ground, or grounds, on the basis of which it is issuing the order.

(4)

An eviction order brings a tenancy which is a private residential tenancy to an end on the day specified by the Tribunal in the order.

Annotations

Textual amendments

F1

Words in s. 51(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(2), 59(1) (with s. 48(1))

Modifications

C1

S. 51 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 1 (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2))

Commencement

I1

S. 51 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Notes on Part 5

Modifications

C1

Pt. 5 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))