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Private Housing (Tenancies) (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Private residential tenancy

    1. 1.Meaning of private residential tenancy

    2. 2.Interpretation of section 1

    3. 3.Writing not required to constitute private residential tenancy

    4. 4.Extended meaning of tenancy in this Act

    5. 5.Extended meaning of tenancy and related expressions in other enactments

    6. 6.Power to modify schedule 1

  3. PART 2 Tenancy terms

    1. 7.Statutory terms of tenancy

    2. 8.Regulations under section 7

    3. 9.Protection of terms allowing use of shared living accommodation

  4. PART 3 Tenancy information

    1. Landlord’s duties to provide information

      1. 10.Duty to provide written terms of tenancy

      2. 11.Duty to provide specified information

      3. 12.Regulations about providing information

      4. 13.Prohibition on charging for information

    2. First-tier Tribunal’s powers

      1. 14.Application to First-tier Tribunal to draw up terms

      2. 15.First-tier Tribunal’s power to draw up terms

      3. 16.First-tier Tribunal’s power to sanction failure to provide information

      4. 17.Meaning of notice period in sections 14 and 16

  5. PART 4 Rent

    1. CHAPTER 1 Restrictions in relation to rent, other charges and diligence

      1. Restrictions on rent increases

        1. 18.Method by which rent may be increased

        2. 19.Frequency with which rent may be increased

      2. Restrictions on other charges and diligence

        1. 20.No premiums, advance payments, etc.

        2. 21.Restriction on diligence

    2. CHAPTER 2 Rent variation instigated by landlord’s notice

      1. Process by which rent may be varied

        1. 22.Landlord’s power to increase rent

        2. 23.Modification of rent-increase notice by parties

        3. 24.Tenant’s right to refer increase to rent officer

        4. 25.Rent officer’s power to set rent

        5. 26.Rent officer’s duty to issue provisional order

        6. 27.Rent officer’s power to correct final order

        7. 28.Right of appeal to First-tier Tribunal

        8. 29.First-tier Tribunal’s power to set rent

        9. 30.Finality of First-tier Tribunal’s decision

        10. 31.Liability for over or under paid rent

        11. 32.Determination of open market rent

        12. 33.Withdrawal of referral or appeal

      2. Information about open market rent determinations

        1. 34.Duty to make information available

    3. CHAPTER 3 Rent pressure zones

      1. Designation and effect of rent pressure zone

        1. 35.Request by local authority that a zone be designated

        2. 36.Scottish Ministers’ duty to react to request

        3. 37.Power to designate a zone

        4. 38.Restriction on rent increases within a zone

        5. 39.Limits on power to designate a zone

        6. 40.Procedure for designating a zone: consultation and information

        7. 41.Power to change inflation index

      2. Improvements to let property

        1. 42.Rent officer’s power to allow rent rise in consequence of improvement

        2. 43.Further provision about making and determining an application under section 42

  6. PART 5 Termination

    1. CHAPTER 1 Security of tenure

      1. 44.No termination by parties except in accordance with this Part

      2. 45.Landlord’s interest transfers with ownership of property

      3. 46.Protection for sub-tenants

      4. 47.Qualification of sub-tenant protection

    2. CHAPTER 2 Termination by tenant

      1. 48.Tenant’s ability to bring tenancy to an end

      2. 49.Requirements for notice to be given by tenant

    3. CHAPTER 3 Termination at landlord’s instigation

      1. Consensual termination

        1. 50.Termination by notice to leave and tenant leaving

      2. Eviction order

        1. 51.First-tier Tribunal’s power to issue an eviction order

        2. 52.Applications for eviction orders and consideration of them

        3. 53.First-tier Tribunal’s power to disapply protection for sub-tenants

      3. Restrictions on applying for eviction order

        1. 54.Restriction on applying during the notice period

        2. 55.Restriction on applying 6 months after the notice period expires

        3. 56.Restriction on applying without notifying local authority

      4. Wrongful termination

        1. 57.Wrongful termination by eviction order

        2. 58.Wrongful termination without eviction order

        3. 59.Wrongful-termination order

        4. 60.Notice to local authority of wrongful-termination order

      5. Sub-tenancies

        1. 61.Sub-tenancy notice to leave

    4. CHAPTER 4 Interpretation of Part

      1. 62.Meaning of notice to leave and stated eviction ground

      2. 63.Landlord includes lender in some cases

      3. 64.Six month periods

  7. PART 6 Death of the tenant

    1. 65.Termination of tenancy on tenant’s death

    2. 66.Termination of joint tenant’s interest on death

    3. 67.Partner’s entitlement to inherit

    4. 68.Other family member’s entitlement to inherit

    5. 69.Carer’s entitlement to inherit

    6. 70.Interpretation of Part

  8. PART 7 Miscellaneous provisions

    1. 71.First-tier Tribunal’s jurisdiction

    2. 72.First-tier Tribunal’s duty to report unregistered landlords

    3. 73.Minor errors in documents

  9. PART 8 Consequential and transitional provision

    1. 74.Consequential modifications

    2. 75.Transitional provision

  10. PART 9 Final provisions

    1. 76.Ancillary regulations

    2. 77.Regulation-making powers

    3. 78.Interpretation

    4. 79.Commencement

    5. 80.Short title

    1. SCHEDULE 1

      TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

      1. 1.Low rent

      2. 2.Shop

      3. 3.Licensed premises

      4. 4.Agricultural land

      5. 5.Student let

      6. 6.Holiday let

      7. 7.Resident landlord

      8. 8.This paragraph applies to a tenancy if—

      9. 9.(1) This paragraph applies to a tenancy if sub-paragraphs (2)...

      10. 10.If, at any time, the landlord holds the landlord’s interest...

      11. 11.In a case where two or more persons jointly are...

      12. 12.Police housing

      13. 13.Military housing

      14. 14.Social housing

      15. 15.Sublet, assigned, etc. social housing

      16. 16.Homeless persons

      17. 17.Persons on probation or released from prison etc.

      18. 18.Asylum seekers

      19. 19.Displaced persons

      20. 20.Shared ownership

      21. 21.Tenancies under previous legislation

    2. SCHEDULE 2

      STATUTORY TERMS REQUIRED BY SECTION 8

      1. 1.Rent receipts

      2. 2.Rent increases

      3. 3.Notification about other residents

      4. 4.If— (a) in accordance with the term specified in paragraph...

      5. 5.Subletting etc.

      6. 6.Access for repairs etc.

      7. 7.(1) The following are authorised purposes— (a) carrying out any...

      8. 8.The tenant is to allow reasonable use of facilities within...

    3. SCHEDULE 3

      EVICTION GROUNDS

      1. PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

        1. 1.Landlord intends to sell

        2. 2.Property to be sold by lender

        3. 3.Landlord intends to refurbish

        4. 4.Landlord intends to live in property

        5. 5.Family member intends to live in property

        6. 6.Landlord intends to use for non-residential purpose

        7. 7.Property required for religious purpose

      2. PART 2 TENANT’S STATUS

        1. 8.Not an employee

        2. 9.No longer in need of supported accommodation

      3. PART 3 TENANT’S CONDUCT

        1. 10.Not occupying let property

        2. 11.Breach of tenancy agreement

        3. 12.Rent arrears

        4. 13.Criminal behaviour

        5. 14.Anti-social behaviour

        6. 15.Association with person who has relevant conviction or engaged in relevant anti-social behaviour

      4. PART 4 LEGAL IMPEDIMENT TO LET CONTINUING

        1. 16.Landlord has ceased to be registered

        2. 17.HMO licence has been revoked

        3. 18.Overcrowding statutory notice

    4. SCHEDULE 4

      CONSEQUENTIAL MODIFICATIONS

      1. 1.Land Tenure Reform (Scotland) Act 1974

      2. 2.Rent (Scotland) Act 1984

      3. 3.Bankruptcy (Scotland) Act 1985

      4. 4.Housing (Scotland) Act 1987

      5. 5.Social Security Contributions and Benefits Act 1992

      6. 6.Requirements of Writing (Scotland) Act 1995

      7. 7.Housing (Scotland) Act 2001

      8. 8.Homelessness etc. (Scotland) Act 2003

      9. 9.Housing (Scotland) Act 2006

      10. 10.Bankruptcy and Diligence etc. (Scotland) Act 2007

      11. 11.Housing (Scotland) Act 2014

    5. SCHEDULE 5

      TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

      1. PART 1 NO NEW ASSURED TENANCIES

        1. 1.No new assured tenancies

        2. 2.No new short assured tenancies

      2. PART 2 CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

        1. 3.Change of tenancy status by agreement

        2. 4.Change of tenancy status on succession

        3. 5.After section 31 of the Housing (Scotland) Act 1988 there...

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