Repossession grounds - management

The eviction ban ended on 31 March 2024.

We have more guidance on the eviction ban and the rent cap.

Before the court can grant an order for recovery of possession on one of the management grounds, it must be satisfied that other suitable accommodation will be available for the tenant. [1]

Suitable accommodation is defined in the legislation and has two key aspects.

Security of tenure

In order to be suitable accommodation, any property must be let to the tenant as a Scottish secure tenancy or an assured tenancy. [2] The offer of a short Scottish secure tenancy or a short assured tenancy could not therefore be seen as suitable accommodation in this context. In any event, a short Scottish secure tenancy can only be granted in defined circumstances. [3]

Appropriateness of the accommodation

The legislation sets out specific factors that must be taken into account when determining whether the accommodation offered is suitable to the needs of the tenant and their family. [4] If the tenant thinks that the accommodation is not suitable, the onus is on them to demonstrate this. [5] The factors to be considered in relation to suitability are:

• the closeness of the property to the place of work or education of the tenant and their family, compared with the property the tenant currently occupies

• the extent of the accommodation required by the tenant and their family, for example, the number of bedrooms

• the character of the accommodation required by the tenant and their family

• the terms on which the tenancy is offered, compared with the terms of the tenant's current tenancy

• if the current tenancy is furnished, whether comparable furniture is to be provided in the new tenancy

• any special needs of the tenant or the tenant's family, although 'special needs' are not defined in the legislation.

Under ground 8, [6] if a landlord can establish that the tenant, or someone living with them, has been guilty of conduct which is a nuisance or annoyance in the vicinity of the house, or has harassed someone living in or visiting the local area, this ground can be used as the basis to recover possession and move the tenant elsewhere. A wide range of behaviour can be covered by this ground including noise and violence.

If the perpetrator is mentally ill this will be taken into account by the court although it will not automatically prevent decree for eviction being granted. [7]

Conduct includes speech, and a course of conduct must involve conduct on at least two occasions. [8]

Harassment is defined in the Protection of Harassment Act 1997, and includes causing alarm or distress to someone. [9]

The landlord can rely upon ground 9 [10] if it can be established that the property is overcrowded and that the tenant is guilty of an offence in allowing the overcrowding. The Housing (Scotland) Act 1987 specifies what is meant by overcrowding and lists exceptions such as children under the age of one or between the ages of one and ten (different rules apply to each category), holiday visitors and temporary visitors. [11]

If the landlord wishes to rely upon ground 10 [12] in seeking an order for recovery of possession, it is necessary to establish that the work will be carried out within a reasonable time and cannot reasonably take place whilst the tenant is still living there. If the house is being refurbished or modernised, with the intention that the tenant will move back to it at the end of the work, the court must make an order entitling them to do so. [13]

Under ground 11, [14] if the property is one that was designed or adapted for a person with special needs, the landlord can seek an order for repossession if there is no person with such needs living there. The landlord must also require the property for a person who has such needs.

Under ground 12, [15] if the property is one that was designed, provided with or located near facilities for a person with special needs, the landlord can seek an order for repossession if there is no longer a person with such needs living there. The landlord must also require the property for a person who has such needs.

Where the landlord does not own the property, and so cannot offer the tenant security of tenure, and the lease has ended, or will end within six months, ground 13 [16] can be used to recover possession. The six-month period begins from the date the landlord raises proceedings to recover possession. [17]

If the landlord is Orkney Islands Council, Shetland Islands Council or Western Isles Council, it may be able to use ground 14 [18] to recover possession. If the property is occupied by someone who is no longer an education worker, and suitable alternative accommodation cannot reasonably be provided for a current education worker, an action for repossession could be raised.