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The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017

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Scottish Statutory Instruments

2017 No. 293 (C. 21)

Housing

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017

Made

12th September 2017

Laid before the Scottish Parliament

14th September 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 79(2) and (3) of the Private Housing (Tenancies) (Scotland) Act 2016(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 and come into force on 1st December 2017.

(2) In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is specified in column 2 of that table) is 1st December 2017.

(2) Where a purpose is specified in column 3 of the table in the schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.

Saving provision

3.  Despite the amendment of sections 32 and 33 of the Housing (Scotland) Act 1988 (“the 1988 Act”)(2) by section 75 and paragraph 2 of schedule 5 of the Act, those sections have effect on and after 1st December 2017 as they had effect immediately before that date but only in relation to—

(a)a short assured tenancy (within the meaning given in section 32(1) of the 1988 Act) which was created before 1st December 2017 and continues in existence on that date;

(b)a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which came into being before 1st December 2017 and continues in existence on that date; and

(c)a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which comes into being after 1st December 2017 at the ish of a short assured tenancy which is a short assured tenancy in a case mentioned in paragraph (a) or (b).

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th September 2017

Regulation 2

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1st DECEMBER 2017

Column 1

Provision of the Act

Column 2

Subject matter

Column 3

Purpose

Section 1Meaning of private residential tenancy
Section 2Interpretation of section 1 (of the Act)
Section 3Writing not required to constitute private residential tenancy
Section 4Extended meaning of tenancy in the Act
Section 5Extended meaning of tenancy and related expressions in other enactments
Section 6Power to modify schedule 1
Section 7Statutory terms of tenancyInsofar as not already in force
Section 9Protection of terms allowing use of shared living accommodation
Section 10Duty to provide written terms of tenancy
Section 13Prohibition on charging for information
Section 14Application to First-tier Tribunal to draw up terms
Section 15First-tier Tribunal’s power to draw up terms
Section 16First-tier Tribunal’s power to sanction failure to provide information
Section 17Meaning of notice period in sections 14 and 16 (of the Act)Insofar as not already in force
Section 18Method by which rent may be increased
Section 19Frequency with which rent may be increased
Section 20No premiums, advance payments, etc.
Section 21Restriction on diligence
Section 22Landlord’s power to increase rentInsofar as not already in force
Section 23Modification of rent-increase notice by parties
Section 24Tenant’s right to refer increase to rent officerInsofar as not already in force
Section 25Rent officer’s power to set rent
Section 26Rent officer’s duty to issue provisional order
Section 27Rent officer’s power to correct final order
Section 28Right of appeal to First-tier Tribunal
Section 29First-tier Tribunal’s power to set rent
Section 30Finality of First-tier Tribunal’s decision
Section 31Liability of over or under paid rent
Section 32Determination of open market rent
Section 33Withdrawal of referral or appeal
Section 34(1)Duty to make information available
Section 35Request by local authority that a zone be designated
Section 36Scottish Ministers’ duty to react to request
Section 37Power to designate a zone
Section 38Restriction on rent increases within a zone
Section 39Limits on power to designate a zone
Section 40Procedure for designating a zone: consultation and information
Section 41Power to change inflation index
Section 42Rent officer’s power to allow rent rise in consequence of improvement
Section 43Further provision about making and determining an application under section 42 (of the Act)Insofar as not already in force
Section 44No termination by parties except in accordance with Part 5 of the Act
Section 45Landlord’s interest transfers with ownership of property
Section 46Protection for sub-tenants
Section 47Qualification of sub-tenant protection
Section 48Tenant’s ability to bring tenancy to an end
Section 49Requirements for notice to be given by tenant
Section 50Termination by notice to leave and tenant leaving
Section 51First-tier Tribunal’s power to issue an eviction order
Section 52Applications for eviction orders and consideration of them
Section 53First-tier Tribunal’s power to disapply protection for sub-tenants
Section 54Restriction on applying during the notice period
Section 55Restriction on applying 6 months after the notice period expires
Section 56Restriction on applying without notifying local authority
Section 57Wrongful termination by eviction order
Section 58Wrongful termination without eviction order
Section 59Wrongful-termination order
Section 60Notice to local authority of wrongful-termination order
Section 61(Requirements of) Sub-tenancy notice to leaveInsofar as not already in force
Section 62Requirements of notice to leave and stated eviction groundInsofar as not already in force
Section 63Landlord includes lender in some cases
Section 64Six month periods
Section 65Termination of tenancy on tenant’s death
Section 66Termination of joint tenant’s interest on death
Section 67Partner’s entitlement to inherit
Section 68Other family member’s entitlement to inherit
Section 69Carer’s entitlement to inherit
Section 70Interpretation of Part 6 of the Act
Section 71First-tier Tribunal’s jurisdiction
Section 72First-tier Tribunal’s duty to report unregistered landlords
Section 73Minor errors in documents
Section 74Consequential modificationsFor the purpose of commencing paragraphs 1 to 4 and 6 to 11 of schedule 4
Section 75Transitional provision
Schedule 1Tenancies which cannot be private residential tenancies
Schedule 3Eviction grounds
Schedule 4, paragraphs 1 to 4 and 6 to 11Consequential modifications
Schedule 5Transition from regimes under earlier enactments

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force particular sections of the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”).

Regulation 2(1) and the schedule bring into force on 1st December 2017, sections 1 to 6, 9 and 10, 13 to 16, 18 to 21, 23, 25 to 33, 34(1), 35 to 42, 44 to 60, 63 to 75. Sections 7, 17, 22, 24, 43, 61 and 62 are commenced insofar as not already in force. Schedules 1, 3 and 5 are commenced. Schedule 4 is commenced under exception of paragraph 5. Paragraph 5 is not being commenced as it is a consequential amendment to section 130B of the Social Security Contributions and Benefits Act 1992 (which ceased to have effect on 1st April 2013) which is not required.

Regulation 3 is a saving provision in relation to short assured tenancies which have been entered into prior to 1st December 2017 and, in certain circumstances, entered into on or after 1st December 2017.

The Bill for the Private Housing (Tenancies) (Scotland) Act 2016 received Royal Assent on 22nd April 2016. Section 79(1) of the Act brought into force sections 76, 77, 78, 79 and 80 on the following day.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Private Housing (Tenancies) (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.

ProvisionDate of CommencementInstrument No.
Section 7 (partially)31st October 2016S.S.I. 2016/298
Section 831st October 2016S.S.I. 2016/298
Section 1131st October 2016S.S.I. 2016/298
Section 1231st October 2016S.S.I. 2016/298
Section 17 (partially)31st October 2016S.S.I. 2016/298
Section 22 (partially)31st October 2016S.S.I. 2016/298
Section 24 (partially)31st October 2016S.S.I. 2016/298
Section 34(2)31st October 2016S.S.I. 2016/298
Section 43 (partially)31st October 2016S.S.I. 2016/298
Section 61 (partially)31st October 2016S.S.I. 2016/298
Section 62 (partially)31st October 2016S.S.I. 2016/298
Schedule 231st October 2016S.S.I. 2016/298
(2)

1988 c.43. Section 32 is amended by schedule 5, Part 1, paragraph 2(2) of the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”). Section 33 is amended by section 34 of the Private Rented Housing (Scotland) Act 2011 (asp 14), schedule 1, Part 1, paragraph 44 of the Housing (Scotland) Act 2014 (asp 14) and schedule 5, Part 1, paragraph 2(3) of the 2016 Act.

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