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Private Housing (Tenancies) (Scotland) Act 2016

Sub-tenancies

94.Section 61 provides that if the property is sub-let, in addition to serving a notice to leave on the tenant, a landlord may give notice to any sub-tenant, regardless of what type of tenancy the sub-tenant possesses. A sub-tenancy notice to leave is a notice which includes the notice to leave given to his or her landlord (the superior landlord’s tenant) and which meets any other requirements set down by the Scottish Ministers in regulations.

95.The point of a sub-tenancy notice to leave is that it puts the sub-tenant on notice that he or she may face eviction proceedings. If the sub-tenant remains a tenant of the let property by virtue of the sub-tenant protection given by section 46, the sub-tenancy notice to leave can be treated as a notice to leave so that the landlord can proceed to eviction proceedings without having to serve another notice to leave and wait for a new notice period to expire before applying to the Tribunal for an eviction order.

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