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Eviction Grounds under The Private Housing (Tenancies) (Scotland) Act 201

tenant-eviction

 

Schedule 3 of the 2016 Act deals with the grounds for eviction that can be categorized in the following groups:

  1. The let property is required for another purpose.

The Landlord intends to sell

If the Landlord intends to sell, the First-tier Tribunal must find evidence this is indeed the case, i.e. a letter form a solicitor confirming that the sale has been instructed would suffice.

Property to be sold by Lender

The First-tier Tribunal must find that the ground applies if the property is subject to a Standard Security. A creditor under the security (the Lender) can sell the property and requires vacant possession.

Landlord intends to refurbish

 

It is an eviction ground if Landlord intends to carry out an extensive disruptive work to the property. The First-tier Tribunal will wish to see evidence to this effect – for example a planning permission or contract between the Landlord and the architect.

 

Landlord intends to live in the property

It will become a ground for eviction if the Landlord intends to occupy the property as his principal home for at least 3 months. A First Tier Tribunal would wish to see evidence to support Landlord’s intention, for example an affidavit from the Landlord.

 

Family member of the Landlord intends to live in the property.

A family member would require to intend to occupy the property as his principal home for at least 3 months.

 

The family member include:

-married or civil partnership partner of the Landlord

-a person living with the Landlord as if they are married

-a qualifying relative of the Landlord or person married or in civil partnership or living with the Landlord as if they were married

-a person married to or in civil partnership with or living with the qualifying relative of the Landlord

 

A qualifying relative means; parents, grandparents, children, grandchild, brother or sister including relationships of half-blood or stepchildren.

 

Landlord intends to use the property for non-residential purpose

The property is to be used for purpose other than providing someone with a home. Evidence of, for example, a planning permission will be required.

 

The property is to be required for religious purposes

The property is to be held as available for a person of religious denomination.

 

 

2: Tenants Status

 

Employee

If the tenant is no longer an employee and the tenancy was given to provide the employee with home.

The application to the First Tier Tribunal should be made within 12 months of termination of employment or 12 months of the failure to take up an employment.

 

Need for Supported Accommodation

If the tenancy was entered on the basis of the need for community care and that need no longer exists than the tenancy can be terminated.

 

3:  Tenant’s conduct

 

Not occupying the let property

If the tenant is not occupying the let property as the tenant’s home, the tenancy can be terminated.

 

Breach of Tenancy Agreement

If the tenant failed to comply with the obligation of the tenancy agreement, the tenancy can be terminated.

 

Rent Arrears

If the tenant has been in rent arrears for three or more consecutive months, the tenancy may be terminated. The amount of arrears may be less than one month but if there exists and can be shown continues history of failure to pay, the First Tier Tribunal may grant an eviction order.

 

Criminal Behaviour

It’s the eviction ground if the tenant has relevant criminal conviction.

The application for eviction order should be made within 12 months of the tenant’s conviction.

 

Anti-social behaviour

The First Tier Tribunal may find this as a ground if the tenant behaved in an anti-social manner towards another person.

The antisocial behaviour is the ‘relevant ant- social behaviour’ and the application should be made within 12 months from the date when the anti-social behaviour occurred.

The relevant anti-social behaviour is doing something that may cause or is likely to cause other person an alarm, stress or nuisance or pursuing in relation to the other person a course of conduct which causes or is likely to cause the other person an alarm, distress or nuisance or annoyance or amount to harassment of the  other person.

 

4: Legal impediment to the lease continuing

 

Unregistered landlord

If the Landlord ceased to be registered, this is a ground for eviction.

 

HMO Licence has been revoked

It is an eviction ground that the let property is associated living in an HMO under Part 5 of the Housing (Scotland) Act 2006. If the HMO licence has been revoked, the First Tier Tribunal may find that the ground applies and grant the eviction order.

 

Overcrowding Statutory Notice

It is aground for eviction if an Overcrowding Notice has been served on the Landlord.

This ground is serving to protect Landlord where the overcrowding occurred as a result of tenant bringing in additional family members or due to a birth of child etc.

Please note that the Landlord cannot apply to the First Tier Tribunal for an eviction order until the expiry of the relevant notice to leave period.

The period is 28 days if the tenant has occupied the property for at least 6 months or otherwise a period of 84 days.

28 days is required if one or more ‘fault’ grounds is stated in the Notice to Leave.

In all other cases of ‘non fault’ grounds the period is 84 days.

A ‘notice to leave’ must be in writing and must specify the day on which he landlord expects to become entitled to apply to the First Tier Tribunal for an eviction order.

Sections 57 and 58 of the 2016 Act deal with wrongful termination of tenancy with or without an eviction order.

For more information on the Private Residential Tenancy and how to deal with wrongful eviction, please contact our Property or Court Department on 01698 373 365

 

Tenant’s Status

Tenant’s conduct

Legal impediment to let continuing