The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the statutory terms which apply to all private residential tenancies created by virtue of the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”). These Regulations prescribe the terms set out in schedule 2 of the Act, subject to certain modifications.

Regulation 2 introduces the schedule within which the statutory terms are set out. Regulation 3 permits the landlord and tenant to agree a modification of the statutory terms set out in paragraphs 4 and 5 of the schedule, in the circumstances where the person (about whom the tenant must notify the landlord) is not a person who can succeed to the tenancy.

Paragraph 1 of the schedule sets out the requirements for a written receipt for rent paid in cash. This term differs from that set out in schedule 2 of the Act by requiring a rent receipt to include the date of payment.

Paragraph 2 provides for rent increases.

Paragraph 3 provides that the tenant must have the landlord’s consent for subletting or otherwise sharing or parting with possession of the let property.

Paragraphs 4 and 5 set out the requirements for the tenant to notify the landlord about other adults living in the let property.

Paragraphs 6 to 8 set out the requirements for the tenant to permit access to the property for authorised purposes.

Paragraph 9 provides for termination. This statutory term did not form part of schedule 2 of the Act.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.