Modifications etc. (not altering text)
C1Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335
C2Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
C3Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
C4Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))
[F1(1)Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”.
(2)After that subsection] there shall be inserted the following subsections—
“(2A)[F2Subject to subsection (2B) below] the landlord of any premises or an agent of the landlord shall be guilty of an offence if—
(a)he does acts [F3likely] to interfere with the peace or comfort of the residential occupier or members of his household; or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4, he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
(2B)A person shall not be guilty of an offence under subsection (2A) above . . . F4 if he proves that he had reasonable grounds for [F5doing the acts or] withdrawing or withholding the services in question.”.
Textual Amendments
F1S. 38(1)(2) substituted for words by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 87(a)
F2Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 87(b)
F3Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 87(c)
F4Words repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(1)(2), Sch. 17 Pt. I para. 87(d), Sch. 18
F5Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 87(e)