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The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017

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Regulation 2

SCHEDULEPROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 1st DECEMBER 2017

Column 1

Provision of the 2016 Act

Column 2

Subject matter

Column 3

Purpose

Section 1Meaning of private residential tenancy
Section 2Interpretation of section 1 (of the 2016 Act)
Section 3Writing not required to constitute private residential tenancy
Section 4Extended meaning of tenancy in the 2016 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 2016 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 2016 Act)Insofar as not already in force
Section 44No termination by parties except in accordance with Part 5 of the 2016 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 2016 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

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