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Private Housing (Tenancies) (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Housing (Scotland) Act 1987

This section has no associated Explanatory Notes

4(1)The Housing (Scotland) Act 1987 is amended as follows.

(2)In section 20B(6), after paragraph (c) there is inserted—

“(ca)an eviction order within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016 has been issued against the person,”.

(3)In section 24(5), after paragraph (d) there is inserted—

“(e)secured by a private residential tenancy.”.

(4)In section 31(5)—

(a)paragraph (b) is repealed,

(b)after paragraph (c) there is inserted—

“(d)secured by a private residential tenancy.”.

(5)In section 43, after the definition of “private accommodation offer” there is inserted—

  • ““private residential tenancy” has the meaning given by the Private Housing (Tenancies) (Scotland) Act 2016;”.

(6)In section 128—

(a)for the words “the Rent (Scotland) Act 1984 or in Part II of the Housing (Scotland) Act 1988” there is substituted “an enactment mentioned in subsection (2)”,

(b)the existing text becomes subsection (1),

(c)after that subsection, there is inserted—

“(2)The enactments referred to in subsection (1) are—

(a)the Rent (Scotland) Act 1984;

(b)Part II of the Housing (Scotland) Act 1988;

(c)the Private Housing (Tenancies) (Scotland) Act 2016.”,

(d)the title of the section becomes “Recovery of possession of house subject to statutorily regulated tenancy”.

(7)In section 145—

(a)in paragraph (a), for the words “the Rent (Scotland) Act 1984 or in Part II of the Housing (Scotland) Act 1988” there is substituted “an enactment mentioned in subsection (2)”,

(b)the existing text becomes subsection (1),

(c)after that subsection, there is inserted—

“(2)The enactments referred to in subsection (1) are—

(a)the Rent (Scotland) Act 1984;

(b)Part II of the Housing (Scotland) Act 1988;

(c)the Private Housing (Tenancies) (Scotland) Act 2016.”.

(8)In section 311(2), in the definition of “interest”, for the words from “a tenant for a year or any less period” to the end there is substituted—

“(i)a tenant for a year or any shorter period;

(ii)a statutory tenant within the meaning of the Rent (Scotland) Act 1984;

(iii)a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988;

(iv)a tenant under a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016;”.

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