.”, 15 (i) in paragraph 12 (rent arrears), sub-paragraph (2) is repealed, (j) in paragraph 13(2) (criminal behaviour)— (i) in the opening words, for “must” substitute “may”, (ii) after paragraph (a), the word “and” is repealed, (iii) after paragraph (b) insert “, and 20 (c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.”, (k) in paragraph 14(2) (anti-social behaviour), after paragraph (b), for “and” substitute— “(ba) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and”. 25 34 Assured tenancies: discretionary eviction grounds (1) The Housing (Scotland) Act 1988 is modified as follows. (2) In section 18 (orders for possession)— (a) subsections (3) and (3A) are repealed, 30 (b) in subsection (4), for “Part II” substitute “Part I or II”, (c) in subsection (6)(a), the words “or Ground 8” are repealed, (d) in subsection (8), for “subsections (3A) and (4A)” substitute “subsection (4A)”. (3) In section 19 (notice of proceedings for possession), subsection (5) is repealed. (4) In section 20 (extended discretion of First-tier Tribunal in possession claims)— 35 (a) in subsection (1), for “Subject to subsection (6) below, the” substitute “The”, (b) subsection (6) is repealed. 42 Coronavirus (Recovery and Reform) (Scotland) Bill Part 4—Tenancies (5) In section 33(1) (recovery of possession on termination of a short assured tenancy)— (a) in the opening words, for “shall” substitute “may”, (b) after paragraph (b), the word “and” is repealed, (c) after paragraph (d) insert “, and 5 “(e) that it is reasonable to make an order for possession.”. (6) In schedule 5 (grounds for possession of houses let on assured tenancies)— (a) in Part I, Ground 8 is repealed, (b) the heading of Part I becomes “Certain grounds on which First-tier Tribunal may order possession”, 10 (c) the heading of Part II becomes “Further grounds on which First-tier Tribunal may 1 order possession”. 35 Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds (1) The Rent (Scotland) Act 1984 is modified as follows. (2) In section 11 (grounds for possession of certain dwelling-houses)— 15 (a) in subsection (1)(b), after “Part I” insert “or II”, (b) subsection (2) is repealed. (3) In section 12 (extended discretion of Tribunal)— (a) in subsection (1), the words “Subject to subsection (5) below,” are repealed, (b) in subsection (2), the words “, subject to subsection (5) below,” are repealed, 20 (c) is repealed. subsection (5) (4) In section 14 (conditions applying to recovery of short tenancies)— (a) in subsection (1), after “Act” insert “provided the First-tier Tribunal considers it reasonable to allow such recovery”, (b) in subsection (3)— 25 (i) from “a landlord” to “above,” become paragraph (a), the words (ii) after paragraph (a) insert “or (b) the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,”, the words (iii) from “the tenancy shall” to “this subsection.” become the closing 30 words. (5) In schedule 2 (grounds for possession for protected or statutory tenancies)— (a) the heading of Part I becomes “Certain cases in which First-tier Tribunal may order possession”, (b) the heading of Part II becomes “Further cases in which First-tier Tribunal may 35 order possession”. 43 Coronavirus (Recovery and Reform) (Scotland) Bill Part 4—Tenancies Pre-action protocol in respect of evictions relating to rent arrears 36 Private residential tenancies: pre-action protocol (1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows. (2) In paragraph 12 of schedule 3 (rent arrears)— 5 (a) in sub-paragraph (4)— (i) the words from “whether the” to “benefit” become paragraph (a), (ii) after paragraph (a) insert “, and (b) the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.”, 10 after sub-paragraph (5) (b) insert— 1 “(6) Regulations under sub-paragraph (4)(b) may make provision about— (a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), 15 (b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, (c) such other matters as the Scottish Ministers consider appropriate.”.