Paragraph 3

Scotland

(1)

For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—

(a)

similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any housing authority for persons whose needs as regards extent are, in the opinion of the F1First-tier Tribunal, similar to those of the tenant and his family; or

(b)

reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character;

and that if any furniture was provided for use under the protected or statutory tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

(2)

For the purposes of sub-paragraph (1)(a) above, a certificate of a housing authority stating—

(a)

the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

(b)

the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

Annotations

Textual amendments

F1: Words in sch. 2 Pt. IV para. 3(1)(a) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(c)(ii); S.S.I. 2017/330, art. 3, sch.