12. Abandoning or Neglecting A Property
12.1 The 1987 Act, as amended by the 2014 Act, provides grounds for imposing a suspension from the date of application where a tenant or a joint tenant have previously abandoned a tenancy:
- Section 20B(6)(d) enables landlords to impose a suspension where the person’s tenancy has been terminated by the landlord under section 18(2) of the 2001 Act (repossession where abandoned tenancy)
- Section 20B(6)(e) enables landlords to impose a suspension where the person’s interest in a tenancy has been terminated by the landlord under section 20(3) of the 2001 Act (abandonment by a joint tenant)
- Section 20B(6)(f) enables landlords to impose a suspension where, in relation to a house where the person was a tenant, a court has ordered recovery of possession on the ground set out in paragraph 3 or 4 of schedule 2 to the 2001 Act (deterioration of the property due to neglect, or deterioration of furniture due to ill-treatment).
12.2 The first two grounds above, (d) and (e), mean that a suspension may be imposed where the applicant has previously had a property repossessed by a social landlord, using the powers in the 2001 Act, because the property had been abandoned. This applies where the applicant was an individual or a joint tenant.
12.3 Section 20B(6)(f) means that a suspension may be imposed where a court has ordered recovery of possession due to the deterioration of the condition of the property or furniture provided for the tenant’s use (as set out in schedule 2 of the 2001 Act).
12.4 All three of the circumstances above only apply to repossessions or orders for repossession made in Scotland under the provisions of the 2001 Act. Social landlords may still impose a suspension even if the repossession or court order listed above related to properties owned by a different Scottish social landlord.
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