1.—(1) These Regulations may be cited as the Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017 and come into force on 1st December 2017.
(2) In these Regulations—
“the Act” means the Private Housing (Tenancies) (Scotland) Act 2016; and
“electronic document” means a document created and stored in an electronic form.
2.—(1) Where a duty arises by virtue of section 10(1) of the Act (duty to provide written terms of tenancy) the landlord must provide the tenant with—
(a)a paper document; or
(b)an electronic document.
(2) A document under paragraph (1) may be in the form of—
(a)the Model Private Residential Tenancy Agreement for a private residential tenancy(1); or
(b)a tenancy agreement drafted by the landlord.
3.—(1) For the purposes of section 11(1)(a) of the Act (duty to provide specified information), the person who is, or is to be, the landlord under a private residential tenancy must provide the person who is, or is to be, the tenant with—
(a)where the written terms of the tenancy are in the form of the Model Private Residential Tenancy Agreement(2), the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement(3); or
(b)where the written terms of the tenancy are in the form of a tenancy agreement drafted by the landlord, the Private Residential Tenancy Statutory Terms Supporting Notes(4).
(2) For the purposes of section 11(1)(b) of the Act, the deadline by which the person who is, or is to be, the landlord under a private residential tenancy must provide the person who is, or is to be, the tenant with the information specified in paragraph (1) is—
(a)before the end of the day on which the tenancy commences, if the tenancy is a private residential tenancy; or
(b)before the end of the day falling 28 days after the day on which the tenancy became a private residential tenancy, if it became one after the day on which the tenancy commenced.
(3) Where a duty arises by virtue of section 11(1) of the Act, the information provided under paragraph (1) by the landlord to the tenant must be in the form of—
(a)a paper document; or
(b)an electronic document.
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st November 2017