Section 72 Application to the First-tier Tribunal for security of tenure where notice to quit is served.F8
Scotland
Subject to sections 73 and 74(3) below, where—
a notice to quit a dwelling-house which is the subject of a Part VII contract has been served has been served and
the Part VII contract has been referred to F1the First-tier Tribunal under section 65 or 68 above (whether before or after the service of the notice to quit) and the reference has not been withdrawn, and
the period at the end of which the notice to quit takes effect (whether by virtue of the contract, of section 71 above or of this section) has not expired,
the lessee may apply to the F2First-tier Tribunal for the extension of the period referred to in paragraph (c) above.
Where an application is made under this section, the notice to quit to which the application relates shall not have effect before the determination of the application unless the application is withdrawn.
On an application under this section, the F3First-tier Tribunal, after making such inquiry as F4it thinks fit and giving to each party an opportunity of being heard or at his option, of submitting representation in writing, may direct that the notice to quit shall not have effect until the end of such period, not exceeding six months from the date on which the notice to quit would have effect apart from the direction, as may be specified in the direction.
If the F5First-tier Tribunal refuses to give a direction under this section,—
the notice to quit shall not have effect before the expiry of seven days from the determination of the application; and
no subsequent application under this section shall be made in relation to the same notice to quit.
Annotations
Textual amendments
- F1
Words in s. 72(1)(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(19)(a)(i) (with sch. 1)
- F2
Words in s. 72(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(19)(a)(ii) (with sch. 1)
- F3
Words in s. 72(3) 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(19)(b)(i) (with sch. 1)
- F4
Words in s. 72(3) 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(19)(b)(ii) (with sch. 1)
- F5
Words in s. 72(4) 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(19)(c) (with sch. 1)
- F6
Words in s. 72(5) 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(19)(d)(i) (with sch. 1)
- F7
Word in s. 72(5) 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(19)(d)(ii) (with sch. 1)
- F8
S. 72 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(20) (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.