http://www.legislation.gov.uk/asp/2016/19/part/5A/chapter/2Private Housing (Tenancies) (Scotland) Act 2016An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-05-01 Private Housing (Tenancies) (Scotland) Act 2016specified provision(s)The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 (revoked)reg. 2 Sch.Private Housing (Tenancies) (Scotland) Act 2016s. 25(1)(a)Housing (Scotland) Act 2025s. 25(2)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 25(1)(b) and wordHousing (Scotland) Act 2025s. 25(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 29(1)(a)Housing (Scotland) Act 2025s. 25(3)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 29(1)(b) and wordHousing (Scotland) Act 2025s. 25(3)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 34(1)(c) and wordHousing (Scotland) Act 2025s. 25(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 48(3A)-(3D)Housing (Scotland) Act 2025s. 44(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 49(4A)Housing (Scotland) Act 2025s. 44(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies) (Scotland) Act 2016s. 51AHousing (Scotland) Act 2025s. 28(2)s. 86(2)Private Housing (Tenancies) (Scotland) Act 2016s. 59(1A)(1B)Housing (Scotland) Act 2025s. 34(2)(b)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies) (Scotland) Act 2016s. 59(5)Housing (Scotland) Act 2025s. 34(2)(e)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies) (Scotland) Act 2016Sch. 5 para. 6 and cross-headingHousing (Scotland) Act 2025s. 51(2)s. 86(2)Private Housing (Tenancies) (Scotland) Act 2016sch. 1 para. 4ACrofting and Scottish Land Court Act 2026s. 28(2)s. 66(2) Part 5AChapter 264H1A tenant under a private residential tenancy to which this Chapter applies may—amake a category 1 change to the let property without the consent of the landlord,bmake a category 2 change to the let property if—ithe change is made at least 6 months after the start of the tenancy, andiithe tenant has the landlord’s consent to make the change (but see subsection (4)).2The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M).3Where 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.4A 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.5This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy.6In this Chapter—aa “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,ba reference to making any such change (however described) includes arranging for the change to be made.64I1A request by a tenant for the landlord’s consent under section 64H(1) to make a category 2 change must—abe in writing, andbfulfil any other requirements prescribed by the Scottish Ministers in regulations.2The 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—aconsents to the tenant making the category 2 change to the let property with or without conditions, orbrefuses to consent to this.3The landlord’s notice must—aspecify any such conditions,bgive reasons for any refusal of consent,cbe in writing, anddfulfil any other requirements prescribed by the Scottish Ministers in regulations.4Any conditions specified in the landlord’s notice must be reasonable (see also section 64N).5If notice is not given in accordance with subsection (2), the landlord is deemed to have refused consent.64J1A tenant may appeal to the First-tier Tribunal against—awhere the tenant was given notice in accordance with section 64I(2)—iany condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,iiany refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, orbwhere the tenant considers that section 64I(5) applies, the deemed refusal of consent.2Before making the appeal, the tenant must give the landlord notice of—athe tenant’s intention to make it, andbwhether the appeal will be against—ione or more consent conditions and, if so, which, oriia refusal of consent (including any deemed refusal).3The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.4The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—awhere the tenant intends to appeal under subsection (1)(a)—ithe day on which the tenant was given notice in accordance with section 64I(2), oriiwhere no such notice was given within the period required by the section, the expiry of that period,bwhere 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).5The 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).6The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—anotice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,bthe appeal was not made within the period required by subsection (5).64K1Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions.2If the First-tier Tribunal decides that—aany such condition is unreasonable, it may make a consent order,beach such condition is reasonable, it may dismiss the appeal.3Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent.4If the First-tier Tribunal decides that—athe refusal is unreasonable, it may make a consent order,bthe refusal is reasonable, it may dismiss the appeal.5Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent.6If the First-tier Tribunal—ais satisfied that the landlord in question is deemed to have refused such consent and decides that—ithe deemed refusal is unreasonable, it may make a consent order,iithe deemed refusal is reasonable, it may dismiss the appeal,bis not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.7In 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.64L1For 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.2Regulations under subsection (1) must categorise each specified change or kind of change as either—aa category 1 change, orba category 2 change.3Regulations under subsection (1) may provide that a category 1 change or a category 2 change—aapplies only in relation to property of a particular type or description, orbdoes not apply in relation to property of a particular type or description.4The 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.5If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.64M1For 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.2Regulations under subsection (1) may in particular specify—acircumstances in which it is or is not reasonable to refuse such consent,bfactors that tend to show that the refusal of such consent is or is not reasonable.3The 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.4If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.64N1For 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.2Regulations under subsection (1) may in particular specify—acircumstances in which a condition, or type of condition, is or is not reasonable,bfactors that tend to show that a condition is or is not reasonable.64OBefore laying a draft of a Scottish statutory instrument containing regulations under section 64L, 64M or 64N before the Scottish Parliament, the Scottish Ministers—amust consult persons who appear to them to represent the interests of tenants and landlords, andbmay consult any other person they consider appropriate.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. 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