http://www.legislation.gov.uk/asp/2021/16/section/22Domestic Abuse (Protection) (Scotland) Act 2021An Act of the Scottish Parliament to make provision for domestic abuse protection notices and orders for the purpose of protecting a person from abusive behaviour by the person's partner or ex-partner; and to make provision for the termination of Scottish secure tenancies in cases involving behaviour by a tenant which is abusive of the tenant's partner or ex-partner.texttext/xmlenStatute Law Database2021-06-162021-05-06Part 2Termination of Scottish secure tenancies in cases involving abusive behaviourAdditional ground for ending tenant's interest in house221The Housing (Scotland) Act 2001 is amended as follows.2In section 14 (proceedings for possession)—ain subsection (1)—ithe words from “recovery” to the end become paragraph (a),iiafter that paragraph insert—bwhere subsection (1A) applies, termination of a tenant's interest in the tenancy.,bafter subsection (1) insert—1AThis subsection applies where—athe tenancy is a joint tenancy, andbthe proceedings are raised against the tenant on the ground set out in paragraph 15A of schedule 2.1BIn this section and section 16, “the tenant”, in relation to proceedings under subsection (1)(b), means person T (within the meaning of paragraph 15A of schedule 2).,cin subsection (2B)—ithe words “for recovery of possession” are repealed,iiafter “paragraph 2” insert “
or 15A
”,iiiat the end insert “
or, as the case may be, terminating a tenant's interest in the tenancy.
”,din subsection (4), for “proceedings for recovery of possession”, in both places where it occurs, substitute “
the proceedings
”,eafter subsection (5B) insert—5CWhere a landlord raises proceedings under subsection (1) which include the ground set out in paragraph 15A of schedule 2, the landlord must, as soon as reasonably practicable after raising the proceedings, give the tenant and any qualifying occupier advice and assistance in relation to the finding of alternative accommodation in the event that an order is made under section 16(2) or (3ZA).5DThe landlord must, in exercising the function conferred by subsection (5C), have regard to any guidance issued by the Scottish Ministers about the exercise of that function.5EBefore publishing any guidance under subsection (5D), the Scottish Ministers must consult such persons as they consider appropriate..3In section 16 (powers of court in possession proceedings)—ain subsection (1), for “7 and 15” substitute “
7, 15 and 15A
”,bin subsection (2)—iin the opening words, for “14” substitute “
14(1)(a)
”,iiafter paragraph (c) insert—dthat—ithe landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,iithe tenant is the sole tenant, andiiiit is reasonable to make the order,ewhether or not paragraph (d) applies, that—ithe landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,iithe tenant is the sole tenant,iiithe tenant has been convicted of an offence—Ain respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, andBwhich is punishable by imprisonment, andivthe landlord served the notice under section 14(2) before the day which is 12 months after—Athe day on which the tenant was convicted of the offence, orBwhere that conviction was appealed, the day on which the appeal was dismissed or abandoned.,cafter subsection (3) insert—3ZASubject to subsection (1), in proceedings under section 14(1)(b) the court must make an order for termination of the tenant's interest in the tenancy if it appears to the court—athat—ithe landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and specified in the notice required by section 14, andiiit is reasonable to make the order,bwhether or not paragraph (a) applies, that—ithe landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and so specified,iithe tenant has been convicted of an offence—Ain respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, andBwhich is punishable by imprisonment, andiiithe landlord served the notice under section 14(2) before the day which is 12 months after—Athe day on which the tenant was convicted of the offence, orBwhere that conviction was appealed, the day on which the appeal was dismissed or abandoned.3ZBFor the purposes of subsections (2)(d)(iii) and (3ZA)(a)(ii), the court is to have regard, in particular, to any risk that the tenant will engage in further behaviour of the kind mentioned in paragraph 15A of schedule 2.,din subsection (3A), for “Subsection (2) does” substitute “
Subsections (2) and (3ZA) do
”,eafter subsection (5B) insert—5CAn order under subsection (3ZA) has the effect of bringing to an end the tenant's interest in the tenancy on the date specified in the order.,fafter subsection (6) insert—7The landlord must, no later than 28 days after the date of termination of a tenancy which is terminated on the ground set out in paragraph 15A of schedule 2 (or on grounds including that ground), offer a tenancy of the house (beginning as soon as reasonably practicable) to person P.8But the landlord need not comply with the duty imposed by subsection (7) if it is impossible or inappropriate to do so because of circumstances relating to person P.9The landlord must have regard to any guidance issued by the Scottish Ministers about subsections (7) and (8). 10The references in subsections (7) and (8) to person P are to the person who, in relation to the house, is person P within the meaning of paragraph 15A of schedule 2..4In schedule 2 (Scottish secure tenancy: grounds for recovery of possession of house), after paragraph 15 insert—15A1A person (“person T”) who is the tenant or one of the joint tenants has engaged in behaviour which is abusive of a person (“person P”) who is a partner or ex-partner of person T, and the conditions in sub-paragraph (2) are met.2The conditions are—aperson T is the sole tenant, or person T and person P are joint tenants (whether or not with others),bthe house is person P's only or principal home,cperson P wishes to continue living in the house,dthe landlord wishes—iwhere person T is the sole tenant, to recover possession of the house from person T for the purpose of entering into a tenancy with person P instead,iiwhere person T is a joint tenant, to bring person T's interest in the tenancy to an end.3In sub-paragraph (1)—a“partner or ex-partner of person T” means—ithe spouse or civil partner of person T,iia former spouse or former civil partner of person T,iiia person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months,bthe reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to—iperson A were references to person T,iiperson B were references to person P..5The title of section 14 becomes “
Proceedings for recovery of possession or termination of joint tenant's interest
”.6The title of section 16 becomes “
Powers of court in proceedings for recovery of possession or termination of joint tenant's interest
”.7The heading of schedule 2 becomes “SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”.8The heading of Part 1 of schedule 2 becomes “GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”.
