(introduced by section 11)
1 (1) A tenancy is not a Scottish secure tenancy if the tenant (or one of joint tenants) is an employee of the landlord or of any local authority and the contract of employment requires the tenant to occupy the house for the better performance of the tenant’s duties.
(2) In sub-paragraph (1), “contract of employment” means a contract of service or of apprenticeship, whether express or implied, and (if express) whether oral or in writing.
2 A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and the tenant—
(a) is a constable of a police force, within the meaning of the Police (Scotland) Act 1967 (c. 77), who in pursuance of regulations under section 26 of that Act occupies the house without obligation to pay rent or council tax,
(b) is a member of a fire brigade, maintained in pursuance of the Fire Services Act 1947 (c. 41), who occupies the house in consequence of a condition in the person’s contract of employment that the person live in close proximity to a particular fire station, or
(c) is let the house expressly on a temporary basis pending its being required for the purposes of such a police force or fire brigade.
3 (1) A tenancy is not a Scottish secure tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is granted either by that institution or by another specified institution or body.
(2) In sub-paragraph (1), “specified” means specified, or of a type specified, by regulations made by the Scottish Ministers.
4 A tenancy is not a Scottish secure tenancy if—
(a) the house is occupied by the tenant while work is being carried out on the house which the tenant normally occupies as the tenant’s home, and
(b) the tenant is—
(i) by agreement, or
(ii) by virtue of an order of the sheriff under section 16(6),
entitled to return there after the work is completed.
5 A tenancy is not a Scottish secure tenancy if the house is being let to the tenant expressly on a temporary basis, for a term of less than 6 months, in fulfilment of a duty imposed on a local authority by Part II (homeless persons) of the 1987 Act.
6 A tenancy is not a Scottish secure tenancy if it is granted, for a term of less than 6 months, to a person—
(a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c. 49), or
(b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.
7 A tenancy is not a Scottish secure tenancy if it is a tenancy under a shared ownership agreement within the meaning of section 83(3).
8 A tenancy is not a Scottish secure tenancy if the house—
(a) is let together with agricultural land exceeding two acres in extent,
(b) consists of or includes premises which are used as a shop or office for business, trade or professional purposes,
(c) consists of or includes premises licensed for the sale of excisable liquor, or
(d) is let in conjunction with any purpose mentioned in sub-paragraph (b) or (c).
9 A tenancy is not a Scottish secure tenancy if the house forms part of, or is within the curtilage of, a building which—
(a) is held by the landlord mainly for purposes other than the provision of housing accommodation, and
(b) mainly consists of accommodation other than housing accommodation.
10 A tenancy is not a Scottish secure tenancy if the house is leased by the landlord from another body and the terms of the lease preclude the letting of the house by the landlord under a Scottish secure tenancy.
(introduced by sections 14, 16, 19, 21 and 22)
1 Rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken.
2 The tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of—
(a) using the house or allowing it to be used for immoral or illegal purposes, or
(b) an offence punishable by imprisonment committed in, or in the locality of, the house.
3 (1) The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of acts of waste by, or the neglect or default of, a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.
(2) In sub-paragraph (1), “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.
4 The condition of any furniture provided for use under the tenancy, or for use in any of the common parts (within the meaning given in paragraph 3(2)), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of ill-treatment by a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.
5 The tenant and—
(a) the tenant’s spouse, or
(b) any person with whom the tenant has, for a period of at least 6 months immediately prior to the commencement of the period referred to below, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex,
have been absent from the house without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the house as their principal home.
6 The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.
7 (1) The tenant (or any one of joint tenants), a person residing or lodging in the house with, or any subtenant of, the tenant, or a person visiting the house has—
(a) acted in an anti-social manner in relation to a person residing in, visiting or otherwise engaged in lawful activity in the locality, or
(b) pursued a course of conduct amounting to harassment of such a person, or a course of conduct which is otherwise anti-social conduct in relation to such a person,
and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.
(2) In sub-paragraph (1)—
“anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
“conduct” includes speech, and a course of conduct must involve conduct on at least two occasions,
“harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c. 40).
8 (1) The tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant—
(a) has been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance, or
(b) has pursued a course of conduct amounting to harassment of a person residing in, visiting or otherwise engaged in lawful activity in the locality,
and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.
(2) In sub-paragraph (1), “conduct” and “harassment” have the same meanings as in paragraph 7.
9 The house is overcrowded, within the meaning of section 135 of the 1987 Act, in such circumstances as to render the occupier guilty of an offence.
10 (1) It is intended within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the house, and such demolition or work cannot reasonably take place without the landlord obtaining possession of the house.
(2) For the purposes of sub-paragraph (1), “demolition” is to be construed in accordance with section 338(3) of the 1987 Act.
11 The house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and—
(a) there is no longer a person with such special needs occupying the house, and
(b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such special needs.
12 The house forms part of a group of houses which has been designed, or which has been provided with or located near facilities, for persons with special needs, and—
(a) there is no longer a person with such a need occupying the house, and
(b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such a need.
13 The interest of the landlord in the house is that of a lessee under a lease and that lease either—
(a) has terminated, or
(b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possession.
14 The landlord is Orkney Islands Council, Shetland Islands Council or Western Isles Council and—
(a) the house is—
(i) held by the council for the purposes of its functions as education authority, and
(ii) required for the accommodation of a person who is or will be employed by the council for those purposes,
(b) the council cannot reasonably provide a suitable alternative house for the accommodation referred to in sub-paragraph (a)(ii), and
(c) the tenant (or any one of joint tenants) is, or at any time during the tenancy has been or, where the tenancy passed to the existing tenant under section 22, the previous tenant at any time during the tenancy was, employed by the council for the purposes of its functions as education authority and such employment has terminated or notice of termination has been given.
15 The landlord wishes to transfer the tenancy of the house to—
(a) the tenant’s spouse (or former spouse), or
(b) a person with whom the tenant has, for a period of at least 6 months immediately prior to the date of the application for transfer, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex,
who has applied to the landlord for such transfer; and the tenant or (as the case may be) the spouse or other person no longer wishes to live together with the other in the house.