Private Housing (Tenancies) (Scotland) Act 2016 (asp 19)

SCHEDULE 1 TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

Resident landlord

8 This paragraph applies to a tenancy if—

(a) the let property would not be regarded as a separate dwelling were it not for the terms of the tenancy entitling the tenant to use property in common with another person (“shared accommodation”), and

(b) from the time the tenancy was granted, the person (or one of the persons) in common with whom the tenant has a right to use the shared accommodation is a person who—

(i) has the interest of the landlord under the tenancy, and

(ii) has a right to use the shared accommodation in the course of occupying that person’s home.