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Private Housing (Tenancies) (Scotland) Act 2016

Meaning of private residential tenancy

7.Section 1(1) provides that a tenancy is a private residential tenancy where three conditions are met. These are that: the property is let to an individual as a separate dwelling; the tenant occupies all or part of it as the tenant’s only or principal home; and the tenancy is not one which is excluded under schedule 1.

8.Section 1(2) provides that once a tenancy has become a private residential tenancy, it does not lose that status simply because the tenant is no longer occupying the property as his or her only or principal home. This provision ensures that all of the provisions of the Act remain available to the tenant and landlord to enable either one of them to terminate the tenancy, but the tenancy will continue as a private residential tenancy unless terminated.

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Explanatory Notes

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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