Housing (Scotland) Act 2006

12 Tenancies to which repairing standard duty applies S

(1) This Chapter applies to any tenancy of a house let for human habitation unless it is—

(a) a Scottish secure tenancy or a short Scottish secure tenancy,

(b) a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,

(c) a tenancy of a house which is—

(i) on land comprised in a lease constituting—

(A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B) a short limited duration tenancy (within the meaning of that Act), F1 ...

(C) a limited duration tenancy (within the meaning of that Act), and

[F2 (D) a modern limited duration tenancy (within the meaning of that Act), or

(E) a repairing tenancy (within the meaning of that Act),]

(ii) occupied by the tenant of the relevant lease,

(d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or

(e) a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

[F3 (f) a holiday let which is not a short-term let.]

(2) A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.

[F4 (3) For the purposes of this Chapter, a short-term let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly).

[F5 (4) In this section—

• “a holiday let” is a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday,

• “a short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.]]

Textual Amendments

F1 Word in s. 12(1)(c)(i) repealed (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 9(2)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 14)

F2 S. 12(1)(c)(i)(D)(E) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 9(2)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 14)

F3 S. 12(1)(f) substituted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 3(1)(a)

F4 S. 12(3)(4) inserted (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), art. 1, sch. 4 para. 2(3)

F5 S. 12(4) substituted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 3(1)(b)