Search Legislation

Housing (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

154Police accommodation not to be Scottish secure tenancy

This section has no associated Explanatory Notes

In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (asp 10)

(a)sub-paragraph (a) is repealed,

(b)in sub-paragraph (c), for the words “a police force or” substitute “an”,

(c)at the end of the paragraph insert—

(2)A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and—

(a)the house occupied by the tenant is held by the landlord for the purposes of a police force, or

(b)the tenant is let the house expressly on a temporary basis pending its being required for the purposes of a police force.

(3)Sub-paragraph (2)(a) does not prevent a tenancy from being a Scottish secure tenancy if—

(a)the tenancy was created before the relevant day,

(b)the tenant moved to the house in pursuance of—

(i)an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 13 and 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day, or

(ii)the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day,

(c)the tenant moved to the house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—

(i)the tenancy of that other house was terminated by written agreement between the landlord and the tenant, and

(ii)the house was made available to the tenant,

(d)the tenant occupied the house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37, or

(e)the tenant—

(i)occupied the house (or any other house held by the landlord for the purposes of a police force) under a Scottish secure tenancy immediately before the creation of the tenancy, and

(ii)agreed to terminate that Scottish secure tenancy without having been notified by the landlord of the effect of sub-paragraph (2)(a) at least 28 days before so agreeing.

(4)In this paragraph—

  • “police force” has the same meaning as in the Police (Scotland) Act 1967 (c.77),

  • “relevant day” means the day on which section 154 of the Housing (Scotland) Act 2010 (asp 17) comes into force..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources