Housing (Scotland) Act 2001

37 Conversion to Scottish secure tenancy S

(1) Where—

(a) a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 [F1 , 2 or 2A] of schedule 6, and

(b) the landlord has not F2 ...served on the tenant a notice under section 14(2) or 36(2) [F3 before the expiry of the relevant period],

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the expiry of [F4 the relevant] period.

[F5 (1A) In this section, the “relevant period” is—

(a) the period of 12 months following the creation of the tenancy, or

(b) if an extension notice has been served under section 35A, the period of 18 months following the creation of the tenancy.]

(2) Where subsection (1)(a) applies and the landlord has, in the [F6 relevant period ], served a notice referred to in subsection (1)(b), then—

(a) if the notice—

(i) has ceased to be in force in accordance with section 14(5) or, as the case may be, 36(4), or

(ii) has been withdrawn by the landlord without proceedings for recovery of possession having been raised,

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the notice ceased to be in force or was withdrawn or the expiry of [F7 the relevant period ], whichever is the later,

(b) if proceedings for recovery of possession have been raised and have been finally determined in favour of the tenant, the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the proceedings were finally determined or the expiry of [F7 the relevant period ], whichever is the later.

(3) For the purposes of subsection (2)(b) proceedings are finally determined when—

(a) the period for appealing against the interlocutor disposing of the proceedings has expired without an appeal being lodged, or

(b) where an appeal has been lodged, the appeal is withdrawn or finally determined.

(4) Where a tenancy becomes a Scottish secure tenancy by virtue of this section, the landlord must notify the tenant of that fact and of the date on which the tenancy became a Scottish secure tenancy.

[F8 (5) Subsection (6) applies to a tenancy which—

(a) became a short Scottish secure tenancy by virtue of section 35, and

(b) becomes a Scottish secure tenancy by virtue of this section.

(6) The term of the tenancy is the term which applied immediately before the tenancy became a short Scottish secure tenancy.]

Textual Amendments

F1 Words in s. 37(1)(a) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(3), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F2 Words in s. 37(1) repealed (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(a)(i), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F3 Words in s. 37(1) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(a)(ii), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F4 Words in s. 37(1) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(a)(iii), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F5 S. 37(1A) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(b), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F6 Words in s. 37(2) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(c)(i), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F7 Words in s. 37(2) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 10(2)(c)(ii), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

F8 S. 37(5)(6) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 9(3), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)

Commencement Information

I1 S. 37 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)