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Section 12 Extended discretion of court in claims for possession of certain dwelling-houses.

Scotland

(1)

F1...F2the First-tier Tribunal may adjourn, for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.

(2)

On the making of an order for possession of such a dwelling-house, or at any time before the execution of such an order (whether made before or after the commencement of this Act), the F3First-tier TribunalF4... may—

(a)

sist or suspend execution of the order, or

(b)

postpone the date of possession,

for such period or periods as the Tribunal thinks fit.

(3)

Any such adjournment as is referred to in subsection (1) above and any such sist, suspension or postponement as is referred to in subsection (2) above may be made subject to such conditions with regard to payment by the tenant of arrears of rent, rent or compensation to the owner for loss of possession and otherwise as the F5First-tier Tribunal thinks fit.

(4)

If any such conditions as are referred to in subsection (3) above are complied with, the F6First-tier Tribunal may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 12(1) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(3)(a), 59(1)

F2

Words in s. 12(1) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 4(a); S.S.I. 2017/330, art. 3, sch.

F3

Words in s. 12(2) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 4(b); S.S.I. 2017/330, art. 3, sch.

F4

Words in s. 12(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(3)(b), 59(1)

F5

Words in s. 12(3) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 4(c); S.S.I. 2017/330, art. 3, sch.

F6

Words in s. 12(4) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 4(d); S.S.I. 2017/330, art. 3, sch.

F7

S. 12(5) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 45(3)(c), 59(1)

Notes on Part II

Modifications

C1

Pts. II, III 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)