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Housing (Scotland) Act 2001

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This is the original version (as it was originally enacted).

34Short Scottish secure tenancies
This section has no associated Explanatory Notes

(1)A tenancy of a house is a short Scottish secure tenancy if—

(a)it would have been a Scottish secure tenancy but for this section,

(b)it is for a term of not less than 6 months, and

(c)before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).

(2)A prospective landlord may serve a notice under subsection (4) only where any of the paragraphs of schedule 6 is satisfied.

(3)The Scottish Ministers may by order modify that schedule.

(4)A notice under this subsection—

(a)must be in such form as the Scottish Ministers may prescribe by regulations,

(b)must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and

(c)must specify the term of the tenancy.

(5)At the ish of the tenancy it may continue—

(a)by tacit relocation, or

(b)by express agreement,

and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.

(6)The provisions of this Chapter, except sections 11(2) and (4), 12 and 22 and schedules 1 and 3, apply to a short Scottish secure tenancy as they do to a Scottish secure tenancy.

(7)Where a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 or 2 of schedule 6 the landlord must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37.

(8)The Scottish Ministers may issue guidance as to the housing support services which are appropriate for the purposes of subsection (7).

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