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Housing (Scotland) Act 2001

Section 23: Tenant’s right to written tenancy agreement and to information

44.This section gives tenants a right to a written tenancy agreement and to information about the landlord’s policies and procedures. It permits the Scottish Ministers to issue guidance as to the form of the tenancy in a model agreement. Subsection (4)requires landlords to provide a prospective tenant with information, prior to the taking up of the tenancy, about the right to buy (this could include, for example, whether or not there are any relevant exemptions), and the obligations which the tenant is likely to incur if the right to buy is exercised (including responsibility for maintenance of parts of the building and areas owned in common). Subsection (5)requires the landlord to notify the tenant of any changes to the legislation, including subordinate legislation, governing the right to buy which might affect the tenant’s right to purchase. Subsection (6)outlines information that the landlord must supply in relation to its complaints procedure. It also lists other information that it must supply on request.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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