Private Housing (Tenancies) (Scotland) Act 2016

[F1 Chapter 2 S Making changes to let property

Textual Amendments

F1 Pt. 5A inserted (1.4.2026 for the purpose of inserting ss. 64B(1)(3), 64C(3), 64E, 64F, 64G, 64I(1)(3), 64J(3), 64L, 64M, 64N, and 64O to enable the Scottish Ministers to consult or make regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 35(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

64H Tenant’s right to make changes to let property S

(1) A tenant under a private residential tenancy to which this Chapter applies may—

(a) make a category 1 change to the let property without the consent of the landlord,

(b) make a category 2 change to the let property if—

(i) the change is made at least 6 months after the start of the tenancy, and

(ii) the tenant has the landlord’s consent to make the change (but see subsection (4)).

(2) The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M).

(3) Where a tenant makes a category 1 change or a category 2 change to a let property in accordance with this Chapter, any costs incurred by the tenant in making the change are to be met by the tenant unless the landlord agrees otherwise.

(4) A tenant under a private residential tenancy may make a category 2 change at any time to the let property without the consent of the landlord if the terms of the tenancy allow the tenant to make the change at that time without such consent.

(5) This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy.

(6) In this Chapter—

(a) a “category 1 change” or “category 2 change”, in relation to a let property of a particular type, means a change or kind of change that is categorised as such in regulations under section 64L and which applies in relation to a let property of that type,

(b) a reference to making any such change (however described) includes arranging for the change to be made.

64I Consent for category 2 changes S

(1) A request by a tenant for the landlord’s consent under section 64H(1) to make a category 2 change must—

(a) be in writing, and

(b) fulfil any other requirements prescribed by the Scottish Ministers in regulations.

(2) The landlord must, within a period of 30 days beginning with the day on which the request was received, give the tenant notice that the landlord—

(a) consents to the tenant making the category 2 change to the let property with or without conditions, or

(b) refuses to consent to this.

(3) The landlord’s notice must—

(a) specify any such conditions,

(b) give reasons for any refusal of consent,

(c) be in writing, and

(d) fulfil any other requirements prescribed by the Scottish Ministers in regulations.

(4) Any conditions specified in the landlord’s notice must be reasonable (see also section 64N).

(5) If notice is not given in accordance with subsection (2), the landlord is deemed to have refused consent.

64J Restrictions on category 2 changes: right of appeal S

(1) A tenant may appeal to the First-tier Tribunal against—

(a) where the tenant was given notice in accordance with section 64I(2)—

(i) any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,

(ii) any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or

(b) where the tenant considers that section 64I(5) applies, the deemed refusal of consent.

(2) Before making the appeal, the tenant must give the landlord notice of—

(a) the tenant’s intention to make it, and

(b) whether the appeal will be against—

(i) one or more consent conditions and, if so, which, or

(ii) a refusal of consent (including any deemed refusal).

(3) The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.

(4) The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—

(a) where the tenant intends to appeal under subsection (1)(a)—

(i) the day on which the tenant was given notice in accordance with section 64I(2), or

(ii) where no such notice was given within the period required by the section, the expiry of that period,

(b) where the tenant intends to appeal under subsection (1)(b), the day on which the landlord is deemed to have refused consent under section 64I(5).

(5) The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2).

(6) The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—

(a) notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,

(b) the appeal was not made within the period required by subsection (5).

64K Restrictions on category 2 changes: decisions on appeal S

(1) Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions.

(2) If the First-tier Tribunal decides that—

(a) any such condition is unreasonable, it may make a consent order,

(b) each such condition is reasonable, it may dismiss the appeal.

(3) Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent.

(4) If the First-tier Tribunal decides that—

(a) the refusal is unreasonable, it may make a consent order,

(b) the refusal is reasonable, it may dismiss the appeal.

(5) Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent.

(6) If the First-tier Tribunal—

(a) is satisfied that the landlord in question is deemed to have refused such consent and decides that—

(i) the deemed refusal is unreasonable, it may make a consent order,

(ii) the deemed refusal is reasonable, it may dismiss the appeal,

(b) is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.

(7) In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify.

64L Power to specify changes to a let property that may be made by the tenant S

(1) For the purposes of section 64H(6)(a), the Scottish Ministers may by regulations specify one or more changes (or kinds of change) to a property let under a private residential tenancy.

(2) Regulations under subsection (1) must categorise each specified change or kind of change as either—

(a) a category 1 change, or

(b) a category 2 change.

(3) Regulations under subsection (1) may provide that a category 1 change or a category 2 change—

(a) applies only in relation to property of a particular type or description, or

(b) does not apply in relation to property of a particular type or description.

(4) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.

(5) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

64M Power to make provision about when it is reasonable to refuse consent for a category 2 change S

(1) For the purpose of section 64H(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to the making of a category 2 change to a let property.

(2) Regulations under subsection (1) may in particular specify—

(a) circumstances in which it is or is not reasonable to refuse such consent,

(b) factors that tend to show that the refusal of such consent is or is not reasonable.

(3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.

(4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

64N Power to make provision about when a consent condition for a category 2 change is reasonable S

(1) For the purpose of section 64I(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable.

(2) Regulations under subsection (1) may in particular specify—

(a) circumstances in which a condition, or type of condition, is or is not reasonable,

(b) factors that tend to show that a condition is or is not reasonable.

64O Regulations under sections 64L, 64M and 64N: consultation S

Before laying a draft of a Scottish statutory instrument containing regulations under section 64L, 64M or 64N before the Scottish Parliament, the Scottish Ministers—

(a) must consult persons who appear to them to represent the interests of tenants and landlords, and

(b) may consult any other person they consider appropriate.]