Recovery of possession of adapted properties: guidance for social landlords

1. Introduction

1.1 Section 15 of the Housing (Scotland) Act 2014 amends paragraphs 11 and 12 of schedule 2 to the Housing (Scotland) Act 2001 ('The 2001 Act'). That Act previously only allowed recovery of possession of an adapted property where there was no longer an occupier who required the adaptation. The words 'no longer' caused difficulties for a social landlord seeking to recover an adapted property which had never had an occupier that required the adaptations. To address this, section 15 has amended the 2001 Act to remove those words. This will allow recovery where no occupier required the adaptation in the first place, and where the property is subsequently required for a person who needs the adaptation. In relation to this ground for recovery a court must make the order if it considers that other suitable accommodation will be available for the tenant when the order takes effect.

1.2 This guidance updates and should be read along with SEDD Circular, 6/2002, Housing (Scotland) Act 2001 – Scottish Secure and Short Scottish Secure Tenancy. This guidance and new provisions will take effect from 1st May 2019^[1]. Where a landlord is seeking recovery of possession of an adapted property and the notice for recovery of possession is served before 1 May 2019 and is in force on the date court action is raised, the legislation in place prior to 1 May will apply to the recovery of possession process, even if the proceedings continue until or beyond 1 May 2019.