The Act Part 2 – Termination of Scottish secure tenancies in cases involving abusive behaviour Proceedings by the landlord for possession
143.Where person P and person T are joint tenants (whether with or without others) (see paragraph 15A(2)(a) of schedule 2 of the 2001 Act, as inserted by section 22(4)), then the landlord may raise proceedings for an order to terminate person T’s interest in the tenancy. Section 22(2)(a) and (b) amends section 14(1) of the 2001 Act, and inserts a new section 14(1A), accordingly. Section 22(2)(d) makes consequential amendments to section 14(4) of the 2001 Act.
144.Where person T is the sole tenant, then the new paragraph 15A is added (by section 22(4)) to the other grounds in schedule 2 of the 2001 Act on which a landlord may raise proceedings for recovery of possession, by virtue of section 14(1)(a) of the 2001 Act. As set out in paragraph 15A(2)(d)(i) of schedule 2 of the 2001 Act, the purpose of recovering possession from person T is to enter into a tenancy with person P instead.
145.Sub-paragraph (3) of the new ground defines the “partner or ex-partner of person T” to be either a spouse or former spouse, or civil partner or former civil partner, or a person with whom person T has lived with in the house to which the tenancy relates as if a spouse, for a period of at least six months in the twelve months prior to the proceedings being raised. This can include intermittent periods that amount to six months in total within the last twelve months. It also ensures that references to abusive behaviour by person T are construed in accordance with sections 2 and 3 (in Part 1 of the Act).
146.Section 22(2)(c) makes a number of amendments to subsection (2B) of section 14 of the 2001 Act. The effect of these amendments is that a landlord must have regard to any relevant guidance issued by the Scottish Ministers before raising proceedings on the new ground set out in new paragraph 15A of schedule 2 of the 2001 Act. This applies regardless of whether the proceedings are raised under section 14(1)(a) (recovery of possession – that is, where person T is the sole tenant) or 14(1)(b) (termination of person T’s interest in the tenancy – that is, where person T is a joint tenant). Before publishing any such guidance, the Scottish Ministers must consult as they consider appropriate, by virtue of existing subsection (2C) of section 14.
147.Section 22(2)(e) inserts new subsections (5C) to (5E) into section 14 of the 2001 Act. Where a landlord raises proceedings under section 14 which include the additional ground at paragraph 15A of schedule 2 of the 2001 Act, new subsection (5C) requires the landlord to give the tenant, as well as any qualifying occupier, advice and assistance regarding alternative accommodation. This advice and assistance must be provided as soon as is reasonably practicable after raising the proceedings. In providing such advice and assistance, the landlord must have regard to any relevant guidance issued by the Scottish Ministers (new subsection (5D)). Before publishing any such guidance, the Scottish Ministers must consult as they consider appropriate (new subsection (5E)).