Other remedies for assured tenants

Under this legislation, the tribunal has a further power under the Housing (Scotland) Act 1988 which is to suspend execution of the order or to discharge it absolutely before it has been put into effect. [1] It has been suggested that this may be appropriate in situations where the arrears in consequence of which the decree has been granted have now been paid. [2] However if the order was granted in terms of any of the mandatory grounds (including ground 8 three months' rent arrears) or under termination of a short assured tenancy this option is not available. [3] Since 2 July 2004 there is an exception to this - this power can be used for action under ground 8 if the tribunal is satisfied that the rent is due to delay or failure in the payment of housing benefit. [4]