The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

Article 8

SCHEDULE 4 Consequential amendments

Antisocial Behaviour etc. (Scotland) Act 2004

1.—(1) Section 83 (application for registration) of the Antisocial Behaviour etc. (Scotland) Act 2004(1) is amended in accordance with this paragraph.

(2) In subsection (6)—

(a) omit “or “ from the end of paragraph (l),

(b) at the end of paragraph (m), replace “.” with “; or”, and

(c) after paragraph (m) insert—

“(n) the house is being used for a short-term let as defined in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.”.

Housing (Scotland) Act 2006

2.—(1) Section 12 (tenancies to which repairing standard duty applies) of the Housing (Scotland) Act 2006(2) is amended in accordance with this paragraph.

(2) In subsection (1)(f), after “holiday” insert “unless the tenancy is a short-term let”.

(3) After subsection (2), insert—

“(3) For the purposes of this Chapter, a short-term let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly).

(4) In this section, a short-term let has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.”.

Private Housing (Tenancies) (Scotland) Act 2016

3.—(1) Schedule 1 (tenancies which cannot be private residential tenancies) of the Private Housing (Tenancies) (Scotland) Act 2016(3) is amended in accordance with this paragraph.

(2) In paragraph 6 (holiday let), the existing words become sub-paragraph (1).

(3) After that sub-paragraph insert—

“(2) A tenancy cannot be a private residential tenancy if it is a short-term let within the meaning of article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.”.

(1)

2004 asp 8. Section 83 was relevantly amended by S.I. 2009/33.

(2)

2006 asp 1.

(3)

2016 asp 19.