Other remedies for assured tenants

Assured tenants may be able to use additional remedies under the Housing (Scotland) Act 1988.

This content applies to Scotland

Housing (Scotland) Act 1988 

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]

Last updated: 25 September 2020

Footnotes

  • [1]

    s.20 Housing (Scotland) Act 1988

  • [2]

    Mitchell J, 'Eviction and Rent Arrears', Shelter, para. 5.27

  • [3]

    s.33(1) and s.20(6) Housing (Scotland) Act 1988

  • [4]

    s.20(6) Housing (Scotland) Act 1988 as amended by s.12 Homelessness etc. (Scotland) Act 2003