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Homelessness etc. (Scotland) Act 2003

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This is the original version (as it was originally enacted).

6Intentionally homeless persons: short Scottish secure tenancies

This section has no associated Explanatory Notes

(1)In section 34 (short Scottish secure tenancies) of the 2001 Act, after subsection (6) insert—

(6A)Where a tenancy is a short Scottish secure tenancy by virtue of paragraph 5A of schedule 6, paragraph 16 of schedule 2 applies with the substitution for sub-paragraph (a) of the following—

(a)it consists of premises which are to be let by the landlord as a separate dwelling under a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6,.

(2)After subsection (7) of that section insert—

(7A)Where a tenancy is a short Scottish secure tenancy by virtue of paragraph 5A of schedule 6—

(a)the local authority for the area must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37, and

(b)the landlord (if not that authority) must provide the local authority with such information as the authority may reasonably seek in relation to the operation of the tenancy and the housing support services provided in pursuance of paragraph (a).

(7B)The rights and obligations of the tenant in relation to housing support services to be provided in pursuance of subsection (7A)(a) must be included in the tenancy agreement.

(7C)The local authority, the landlord (if not that authority) and the tenant must from time to time jointly review the extent to which the tenant is complying with the obligations referred to in subsection (7B) and the tenant’s obligations under the tenancy agreement.

(3)In subsection (8) of that section—

(a)after “to” insert—

(a)”,

(b)at the end insert or (7A), and

(b)the procedure to be followed in relation to reviews under subsection (7C) and the action to be taken following such reviews.

(4)In section 37(1)(a) (conversion to Scottish secure tenancy) of that Act, for the words “or 2” substitute “, 2 or 5A”.

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