By Court Order. The sheriff grants an order for eviction following a request by us. You have a right to defend any legal action taken by us against you. People who live with you also have a right to be represented. We may ask for such an order under Section 14 of the Housing (Scotland) Xxx 0000 on any of the grounds contained within Schedule 2 of the Act. Before we do so, we will first send you a written warning. We will also send that written warning to anyone else living with you who is your spouse, co-habitee, sub-tenant, lodger, assignee, joint tenant or member of your family aged 16 or over; if we know about them. The following is a summary of the grounds contained within that Act and does not change the legal position contained in that Act. • you owe us rent or you have broken some other condition of this Agreement. • you, someone residing in your house, or anyone visiting it, has been convicted of using the house or allowing it to be used for illegal or immoral purposes or a criminal offence, punishable by imprisonment, which was committed in the house or the locality. • the condition of the house or common parts, or furniture we have supplied, has deteriorated because of the fault of you, your sub- tenant, or somebody in your household. • you, and your spouse or co-habitee, have been absent from the house for more than six months without good reason or you have stopped living in it as your principal home. • we gave you this tenancy as a result of false information given by you in your application for the house. • You, someone residing in your house, or anyone visiting it, has been anti-social to anyone else in the locality and it is not reasonable for us to transfer you to another house. In all the above cases, the sheriff must also be satisfied that it is reasonable to make an order for eviction. • You or someone residing in your house has been guilty of harassment, nuisance or annoyance in or in the neighbourhood of the house, or has pursued a course of conduct amounting to harassment of someone else in the locality or has continued to caused alarm or distress to someone in the locality and it is appropriate, in our opinion, to transfer you to another house. • the numbers of people in the house amount to the criminal offence of overcrowding. • we intend to demolish or carry out substantial work to your house (or the building in which it is located) within a reasonable time and that work cannot be done if you are still living there. • the house has been designed ...
By Court Order once the fixed period of the tenancy has ended The sheriff grants an order for eviction following a request by us. At the end of the period of the tenancy stated at paragraph 1.4, (or at the end of any extension of the tenancy), we may seek an order for your eviction from the sheriff if we consider that any of the obligations of this tenancy have been broken. We may ask for such an order under Section 36 of the Housing (Scotland) Xxx 0000. Before we do so, we will first send you a written notice giving you the earliest date from which we will start court proceedings which will set out the reasons why we want to evict you and the obligations we consider to have been broken. You can apply to us for a review of our decision to seek an order for your eviction. If you wish to apply for a review you must request this within 14 days of the date we serve the notice on you. If we raise court proceedings, the court must make an order allowing us to repossess the house if it appears that: • the original or extended term of the tenancy has come to an end; and • there is no further tenancy agreement between us and you for the house; and • we have correctly sent you the written notice referred to above. Tacit relocation does not operate for this tenancy as a result of section 34(5A) and section 37 of the 2001 Act. The court must grant decree for repossession providing the above procedures have been correctly carried out by us. Or
By Court Order. The sheriff grants an order for eviction following a request by us. You have a right to defend any legal action taken by us against you. We may ask for such an order under Section 14 of the Housing (Scotland) Xxx 0000 on any of the grounds contained within Schedule 2 of the Act. Before we do so, we will first send you a written warning. We will also send that written warning to anyone else living with you who is a member of your family aged 16 or over, your lawful subtenants, lodgers and assignees. They will also have a right to take part in the court proceedings. The following is a summary of the grounds contained within that Act and does not change the legal position contained in that Act. • you owe us rent or you have broken some other condition of this Agreement. • you, someone residing in your house, or anyone visiting it, has been convicted of using the house or allowing it to be used for illegal or immoral purposes or a criminal offence, punishable by imprisonment, which was committed in the house or the locality. • the condition of the house or common parts, or furniture we have supplied, has deteriorated because of the fault of you, your subtenant or somebody in your household. • you, and your spouse, civil partner or cohabitee, have been absent from the house for more than six months without good reason or you have stopped living in it as your principal home.
