Publication - Advice and guidance

Minimum period for applications to remain in force - suspensions under section 20B of the Housing (Scotland) Act 1987: statutory guidance

Published: 2 May 2019
Directorate:
Housing and Social Justice Directorate
Part of:
Housing
ISBN:
9781787817715

Statutory guidance on the category of suspensions and the legal requirements social landlords must comply with.

17 page PDF

3.2 MB

17 page PDF

3.2 MB

Contents
Minimum period for applications to remain in force - suspensions under section 20B of the Housing (Scotland) Act 1987: statutory guidance
11. Order for Recovery of Possession

17 page PDF

3.2 MB

11. Order for Recovery of Possession

11.1 Section 20B(6)(c) states that landlords may impose a suspension where:

An order for recovery of possession has been made against the person in proceedings under–

(i) the Housing (Northern Ireland) Order 1983

(ii) the Housing Act 1985

(iii) the Housing (Scotland) Act 1987

(iv) the Housing (Scotland) Act 1988

(v) the Housing (Scotland) Act 2001.

11.2 This means that where a court in Scotland, England, Wales or Northern Ireland has previously granted an order to evict a tenant, a social landlord may suspend that person from receiving an offer of housing, taking the time limits set out in paragraph 17.1 of this guidance into account.

11.3 This power enables landlords to suspend an applicant who has had an order for recovery of possession made against them. It is not a requirement to do so in every case and landlords should consider each case on its merits so that individual circumstances can be taken into account, and this flexibility should be included in suspensions policies.


Contact

Email: michael.boal@gov.scot