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The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018

S.S.I. 2018/155 · Made 12 May 2018 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 March 2022.

Housing

Made 12th May 2018

Laid before the Scottish Parliament 15th May 2018

Coming into force 1st May 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 36(3) and 109(2) of the Housing (Scotland) Act 2001 M1 and all other powers enabling them to do so.

Annotations to the whole text

Marginal citations

M1

2001 asp 10.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Form of notice for recovery of possession
  3. 3Revocation
  4. 4Saving Provision
  5. Signature
  6. Schedule 1
  7. Part
  8. Part
  9. Part
  10. Part
  11. Schedule 2
  12. Part
  13. Part
  14. Part
  15. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018 and shall come into force on 1st May 2019.

(2)

In these Regulations “the Act” means the Housing (Scotland) Act 2001.

2Form of notice for recovery of possession

(1)

Where the landlord is seeking to recover possession of a house which is the subject of a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2, or 2A of schedule 6 of the Act the prescribed form of notice for the purposes of section 36(3) of the Act is contained in schedule 1.

(2)

Where the landlord is seeking to recover possession of a house which is the subject of a short Scottish secure tenancy created by virtue of paragraph 3, 4, 5, 6, 7 or 7A of schedule 6 of the Act the prescribed form of notice for the purposes of section 36(3) of the Act is contained in schedule 2.

3Revocation

The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 M1 are revoked.

4Saving Provision

Nothing in these Regulations affects the validity of a notice under section 36(3) of the Act served prior to 1st May 2019.

Signature

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

C1

C1

C1

Explanatory note

(This note is not part of the Regulations)

These regulations prescribe the form of notice to be used by a landlord when notifying a tenant under a short Scottish secure tenancy, within the meaning of Part 2 of the Housing (Scotland) Act 2001 (“the Act”), that the landlord requires possession of the house occupied by that tenant and may commence possession proceedings in respect of that house.

Schedule 1 contains the form of notice that is to be used in relation to a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 of the Act.

Schedule 2 contains the form of notice that is to be used in relation to a short Scottish secure tenancy created by virtue of paragraph 3,4,5, 6, 7 or 7A of schedule 6 of the Act.

A notice in the prescribed form must be served by a landlord on a tenant in terms of section 36(2) of the Act.

The notice sets out the time limits within which the landlord is permitted to commence possession proceedings.

Regulation 3 revokes the Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 (S.S.I. 2002/319). Regulation 4 makes a saving for notices served prior to 1st May 2019.