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The Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018 and comes into force on 24th June 2018.

(2) In this Order—

“the Act” means the Housing (Scotland) Act 2014; and

“the 2001 Act” means the Housing (Scotland) Act 2001(1).

Appointed days

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 described in column 2 of that table) is specified in column 3 of the table in the schedule.

Saving provision: sections 7(4)(b), 9(1) and (2), 10 and 11(d) of the Act

3.  Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to a short Scottish secure tenancy where a notice under section 34(4) (short Scottish secure tenancies) of the 2001 Act in relation to that tenancy is served prior to 1st May 2019:—

(a)section 7(4)(b) (grounds for granting short Scottish secure tenancy);

(b)section 9(1) and (2) (short Scottish secure tenancy: term);

(c)section 10 (short Scottish secure tenancy: extension of term); and

(d)section 11(d) (short Scottish secure tenancy: recovery of possession).

Saving provision: section 11(a) and (b) of the Act

4.  Despite the commencement of section 11(a) and (b) (short Scottish secure tenancy: recovery of possession) of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 36(1) (recovery of possession) of the 2001 Act which rely on a notice under section 36(2)(a) (recovery of possession) of the 2001 Act served prior to 1st May 2019.

Saving provision: section 11(e) and (f), section 14(2)(a) and section 15 of the Act

5.  Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 14(1) of the 2001 Act (proceedings for possession) which rely on a notice under section 14(2)(a) of the 2001 Act served prior to 1st May 2019:—

(a)section 11(e) and (f) (short Scottish secure tenancy: recovery of possession);

(b)section 14(2)(a) (powers of court in possession proceedings); and

(c)section 15 (recovery of possession of properties designed for special needs).

Transitional provisions

6.  For the purposes of section 11(6A) (Scottish secure tenancy) of the 2001 Act(2), a notification given prior to 1st November 2019 by—

(a)a person falling within section 11(6) of the 2001 Act(3) at the time the notice was given; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question is, or is intended to be, the person’s only or principal home shall be deemed to be a notification for the purposes of section 11(6B) of the 2001 Act.

7.—(1) For the purposes of section 32(1)(b) (assignation, subletting etc. of Scottish secure tenancy) of the 2001 Act(4), a notification given prior to 1st November 2019 by—

(a)the assignee; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person’s only or principal home shall be deemed to be a notification for the purposes of section 32(1A) of the 2001 Act(5).

(2) For the purposes of section 32(1)(c) of the 2001 Act(6), a notification given prior to 1st November 2019 by—

(a)the tenant; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question was the tenant’s only or principal home shall be deemed to be a notification for the purposes of section 32(1B) of the 2001 Act(7).

8.  For the purposes of paragraph 2, 3 or 4 of schedule 3 (succession to Scottish secure tenancy) of the 2001 Act(8), a notification given prior to 1st November 2019 by—

(a)a person referred to in paragraph 2(1)(a)(ii), 3 or 4 of schedule 3 of the 2001 Act; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question is the person’s only or principal home shall be deemed to be a notification for the purposes of paragraph 4A of schedule 3 of the 2001 Act(9).

Supplemental provision

9.  Prior to 1st November 2018, a landlord under a Scottish secure tenancy or a short Scottish secure tenancy must notify the tenant in writing of the changes to their tenancy agreement which will arise from the commencement of Part 2 of the Act.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th May 2018

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