The Housing (Scotland) Act 2001, section 12 outlines the restrictions on terminating a Scottish Secure Tenancy. It states that a Scottish secure tenancy may not be brought to an end except in the following 6 situations:
Decree Awarded by the Sheriff (Section 16(2))
The Sheriff may award a decree, if he/she is satisfied that the
ground has been met, and it is reasonable to make the order.
The grounds for possession are outlined in section 16 and Schedule
2, part 1 of the Housing (Scotland) Act 2001.
Guidance on which grounds to use is detailed below:
| Ground | Examples of when this Ground can be used |
| Ground 1 The Tenant owes the landlord rent or has broken some other condition of the tenancy agreement. |
Rent Arrears Anti-social Behaviour Noise Nuisance Keeping of Pets Or any other conditions of the tenancy agreement which have been broken. This ground can be used in conjunction with another ground when appropriate. |
| Ground 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. |
Drug dealing or intention to supply illegal drugs from
the house. Keeping of firearms in the house. Storing stolen goods in the house. Prostitution - This ground can only be used if the person has been convicted of a criminal offence. |
| Ground 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. |
Vandalism, which has damaged the property Failure to report repairs which has resulted in damage to the property. This ground can only be used where the neglect has resulted in deterioration of the property. It includes common closes. |
| Ground 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. |
This ground can be used where the tenant and any partner have left the home, but other members of the household remain in the home. Where abandonment procedures cannot be used because the property is still occupied.This ground would only be used if it were not possible to end the tenancy by obtaining 4 weeks written notice from the tenant.Once the tenancy has been ended, the Council may consider offering a new This ground can be used where the tenant and any partner have left the home, but other members of the household remain in the home. Where abandonment procedures cannot be used because the property is still occupied.This ground would only be used if it were not possible to end the tenancy by obtaining 4 weeks written notice from the tenant.Once the tenancy has been ended, the Council may consider offering a new tenancy to another member of the remaining household. |
| Ground 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. |
This ground can be used to end a tenancy where it has emerged that the information provided by the applicant on their housing application was false or misleading, and in the circumstances, they would not have been entitled to the offer of the house. |
| Ground 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). |
This ground can be used for any form of anti-social behaviour on the part of the tenant or any other individual living or visiting the property. |
| Ground 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 meaning as in paragraph 7. |
The ground is used where a compulsory transfer would resolve the problem. It should only be used where the tenant has refused to transfer voluntarily, and the Council considers that by transferring the person, the anti-social behaviour would be resolved. An example would be where a serious clash of personality has arisen with other residents. Once the decree is awarded, an alternative property must be identified for the person. On the day of the eviction, the tenant’s new home must be available for them to move in. |
| Ground 9 The house is overcrowded as defined in section 135 of the Housing (Scotland) Act 1987 |
When a tenant has invited other people to reside in the property for which it was not originally let and they do not have permission to reside. |
| Ground 10 The landlord intends to demolish or carry out substantial work to the house (or the building in which it is located) within a reasonable time and that work cannot be done if the tenant is still living there. |
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| Ground 11 The house has been designed or adapted for people with special needs and no one in the tenant’s household has such special needs but the landlord requires the house for someone who has. |
In the case of a tenant’s death where the remaining occupant(s) do not have special needs and therefore do not qualify for that particular property. The exception to the rule in this case is in that of a remaining spouse. |
| Ground 12 The landlord wishes to transfer the tenancy of the house to - a) the tenant’s spouse or former spouse, orb) 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. |
This ground can be used when one party in the household has applied for transfer, as they no longer wish to live together with the other partner in the same house. (This could be used i.e. where a wife is applying as homeless with her children from a 4apt property and her partner remains). |
In complex cases, or where there is uncertainty regarding which grounds are appropriate, advice will be sought from Legal Services, prior to the notice being served.
The Sheriff, in making the order for possession, will appoint a date for recovery of possession. The date appointed will be the date the tenancy terminates. The Council may only recover possession after the appointed date.
The procedures for ending a tenancy in this way can be found in the Rent Control Procedural Manual or in the Anti-social Neighbour Procedural Manual, depending on which ground for possession is used.
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