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Section 71 Notice to quit served after reference of contract to the First-tier Tribunal.F6

Scotland

(1)

If, after a Part VII contract has been referred to F1the First-tier Tribunal by the lessee . . . F2 under section 65 or 68 above, a notice to quit the dwelling-house to which the contract relates is served by the lessor on the lessee at any time before the decision of the F3First-tier Tribunal is given or within the period of six months thereafter, then, subject to subsection (2) and sections 73 and 74 below, the notice shall not take effect before the expiry of that period.

(2)

In a case falling within subsection (1) above,—

(a)

the F4First-tier Tribunal may, if it thinks fit, direct that a shorter period shall be substituted for the period of six months specified in that subsection; and

(b)

if the reference to the F5First-tier Tribunal is withdrawn, the period during which the notice to quit is not to take effect shall end on the expiry of seven days from the withdrawal of the reference.

Annotations

Textual amendments

F1

Words in s. 71(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(17)(a)(i) (with sch. 1)

F2

Words repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 68, 72(3), Sch. 10

F3

Words in s. 71(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(17)(a)(ii) (with sch. 1)

F4

Words in s. 71(2)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(17)(b)(i) (with sch. 1)

F5

Words in s. 71(2)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(17)(b)(ii) (with sch. 1)

F6

S. 71 title substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 1(18) (with sch. 1)

Notes on Part VII

Modifications

C1

Pt. VII (ss. 62-81) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 55(4), 335

C2

Pt. VII (ss. 62-81) restricted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 44(1), 52

C3

Pt. VII (ss. 62-81) excluded (30.9.2002) by 2001 asp 10, s. 32(7); S.S.I. 2002/321, art. 2, Sch.