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Housing (Scotland) Act 2001
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Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Housing (Scotland) Act 2001, Section 31A is up to date with all changes known to be in force on or before 22 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 31A:
- Pt. 2 Ch. 4 inserted by 2025 asp 13 s. 57(2)
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 14(6)(aa) inserted by S.S.I. 2026/133 reg. 5
- s. 14A(6A) inserted by 2025 asp 13 s. 56(2)(a)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 16A inserted by 2025 asp 13 s. 29(2)
- s. 36A inserted by 2025 asp 13 s. 29(3)
- s. 40(1A) inserted by 2025 asp 13 s. 50(2)(b)
- s. 40(3)(4) inserted by 2025 asp 13 s. 50(2)(c)
- s. 89(2)(da) inserted by 2025 asp 13 s. 54(2)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 4 inserted by 2025 asp 13 s. 57(2)
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 14(6)(aa) inserted by S.S.I. 2026/133 reg. 5
- s. 14A(6A) inserted by 2025 asp 13 s. 56(2)(a)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 16A inserted by 2025 asp 13 s. 29(2)
- s. 36A inserted by 2025 asp 13 s. 29(3)
- s. 40(1A) inserted by 2025 asp 13 s. 50(2)(b)
- s. 40(3)(4) inserted by 2025 asp 13 s. 50(2)(c)
- s. 89(2)(da) inserted by 2025 asp 13 s. 54(2)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
Prospective
[F131ATenant’s right to keep a petS
This section has no associated Explanatory Notes
(1)It is a term of every Scottish secure tenancy that the tenant may keep a pet (or pets) at the house with the consent in writing of the landlord, which must not be unreasonably withheld (but see subsection (3)).
(2)The provisions of Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy (but see subsection (3)).
(3)The terms of a Scottish secure tenancy that have effect by virtue of subsections (1) and (2) may be modified by a landlord so that, under the terms of the tenancy, the tenant may keep a pet at the house without the consent of the landlord.
(4)In this section, sections 31B and 31C and Part 1A of schedule 5—
“animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976,
“pet” means an animal kept by a person mainly for—
(a)personal interest (including as regards its welfare, treatment or training),
(b)companionship,
(c)ornamental purposes, or
(d)any combination of paragraphs (a) to (c),
“tenant”, in the case of a joint tenancy, does not include the other joint tenant or tenants.]
Textual Amendments
F1Ss. 31A-31D and cross-heading inserted (1.4.2026 for the insertion of ss. 31B, 31C, 31D to enable the Scottish Ministers to consult or make regulations; otherwise prosp.) by Housing (Scotland) Act 2025 (asp 13), ss. 36(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
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