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Scotland

Tenancy ceases to be assured

One of the requirements for the existence of an assured tenancy is that the tenant occupies the accommodation as their only or principal home.

This content applies to Scotland

No equivalent to abandonment procedure

There is no equivalent to the abandonment procedure that exists under the Scottish secure tenancy regime. Where it is believed the tenant has left the property, there is a fairly common practice of terminating the contractual assured tenancy through a notice to quit and then repossessing the house without recourse to the courts. The argument for this is that no statutory assured tenancy has come into being due to the tenant's failure to 'retain possession of the house'. [1] However, the legality of this practice is questionable and best practice for landlords is apply to the tribunal for an order for repossession.

Last updated: 18 December 2019

Footnotes

  • [1]

    s.16 (as amended by s.194(1) Local Government and Housing Act 1989) and s.12(1)(b) Housing (Scotland) Act 1988