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Housing (Scotland) Act 2001
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Changes to legislation:
Housing (Scotland) Act 2001, Section 40 is up to date with all changes known to be in force on or before 14 September 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.
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Changes and effects yet to be applied to Section 40:
- Pt. 2 Ch. 4 inserted by 2025 asp 13 s. 57(2)
- s. 14A(6A) inserted by 2025 asp 13 s. 56(2)(a)
- s. 16A inserted by 2025 asp 13 s. 29(2)
- s. 36A inserted by 2025 asp 13 s. 29(3)
- s. 89(2)(da) inserted by 2025 asp 13 s. 54(2)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
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. 14A(6A) inserted by 2025 asp 13 s. 56(2)(a)
- s. 16A inserted by 2025 asp 13 s. 29(2)
- s. 36A inserted by 2025 asp 13 s. 29(3)
- s. 89(2)(da) inserted by 2025 asp 13 s. 54(2)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
40 NoticesS
This section has no associated Explanatory Notes
(1)A notice or other document authorised or required by this Chapter to be given to a person (however expressed) may be given—
(a)by delivering it to that person,
(b)by leaving it at that person’s proper address, or
(c)by sending it [F1by recorded delivery letter to that person at that address.] [F1to that person’s proper address by means of a postal service which provides for the delivery of the notice or other document to be recorded.]
[F2(1A)For the purpose of subsection (1)(c), the delivery of a notice or other document may be recorded in any way that evidences that it was delivered to the person’s proper address (including in a way that evidences this without the need for the person to confirm the delivery).]
(2)For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I.1999/1379), a person’s proper address is that person’s last known address.
[F3(3)A notice to be given by a landlord to a tenant under section 25(1) may also be given by sending it, where subsection (4) applies, to the tenant using electronic communications.
(4)This subsection applies where, before the notice is given, the landlord and the tenant agree in writing that the notice may be given to the tenant by transmitting it to an electronic address and in an electronic form specified by the tenant for the purpose.]
Textual Amendments
F1Words in s. 40(1)(c) substituted (1.8.2026 for specified purpose) by Housing (Scotland) Act 2025 (asp 13), ss. 50(2)(a), 86(2); S.S.I. 2026/115, reg. 2(2)(5), sch. Pt. 2
F2S. 40(1A) inserted (1.8.2026 for specified purpose) by Housing (Scotland) Act 2025 (asp 13), ss. 50(2)(b), 86(2); S.S.I. 2026/115, reg. 2(2)(5), sch. Pt. 2
F3S. 40(3)(4) inserted (1.8.2026 for specified purpose) by Housing (Scotland) Act 2025 (asp 13), ss. 50(2)(c), 86(2); S.S.I. 2026/115, reg. 2(2)(5), sch. Pt. 2
Commencement Information
I1S. 40 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)
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