Temporary displacement of tenants

It will not always be possible to carry out some types of repairs while the tenant remains in the property:

• Scottish secure tenants have more likelihood of being provided with 'decant' accommodation by their landlord, although any temporary accommodation is excluded from being a Scottish secure tenancy. [1]

• Assured tenants are entitled to the cost of alternative accommodation where they have to move out in order for repairs to be carried out. [2]

If the landlord of an assured tenant intends to do substantial work on a building of which the tenant's accommodation forms a part, and the tenant hampers this work, the landlord may seek possession of the property. In these circumstances ground 6 of schedule 5 to the Housing (Scotland) Act 1988 may be used. This is a mandatory ground of possession although a tenant removed under this ground is entitled to reasonable expenses for moving. If the landlord and tenant cannot agree on what 'reasonable expenses' are, then the sheriff will determine this. If suitable alternative accommodation is available then the landlord may use ground 9 of schedule 5 to the Housing (Scotland) Act 1988. This is a discretionary ground of possession and the landlord will have to establish that it is reasonable that decree be granted. Again, the tenant is entitled to reasonable removal expenses.

Scottish secure tenants can also be evicted if they are unwilling to move out to enable substantial repair works to be carried out. However ground 10 of schedule 2 to the Housing (Scotland) Act 2001 can only be used where the landlord can show that suitable alternative accommodation is available.

Landlords cannot insist on a tenant moving out to allow improvement works.

However if a tenant agrees to move out for a period of time it is important to consider the implications for the tenant's security of tenure and to ensure that the tenant retains the right to move back in on completion of the work.