Search Legislation

Private Housing (Tenancies) (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 6

 Help about opening options

Alternative versions:

Changes to legislation:

Private Housing (Tenancies) (Scotland) Act 2016, PART 6 is up to date with all changes known to be in force on or before 01 December 2021. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 6:

PART 6 SDeath of the tenant

65Termination of tenancy on tenant's deathS

A tenancy which is a private residential tenancy comes to an end if—

(a)the sole tenant under the tenancy dies, and

(b)nobody inherits the tenancy under section 67, 68 or 69.

Commencement Information

I1S. 65 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

66Termination of joint tenant's interest on deathS

(1)If, immediately before a person's death, the person was a joint tenant under a private residential tenancy, the person's interest as a tenant under the tenancy is extinguished on the person's death.

(2)A person is a joint tenant under a tenancy for the purposes of subsection (1) if the person is the tenant under the tenancy jointly with one or more other persons.

Commencement Information

I2S. 66 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

67Partner's entitlement to inheritS

(1)When the sole tenant under a private residential tenancy dies, the tenant's bereaved partner becomes the tenant under the tenancy if—

(a)the conditions set out in subsection (2) are met, and

(b)in a case where the tenant and bereaved partner were neither married to, nor in a civil partnership with, one another immediately before the tenant's death, the condition set out in subsection (3) is also met.

(2)The conditions are—

(a)that the tenant's interest under the tenancy was not inherited by the tenant,

(b)that the tenant told the landlord, in writing, that the let property was being occupied by the bereaved partner as the bereaved partner's only or principal home,

(c)that the bereaved partner was in a qualifying relationship with the tenant immediately before the tenant's death, and

(d)that the let property is occupied as the bereaved partner's only or principal home at the time of the tenant's death.

(3)The condition is that for a continuous period of at least 12 months, ending with the tenant's death, the let property was occupied as the bereaved partner's only or principal home.

(4)In determining whether the condition set out in subsection (3) is met, no account is to be taken of any time during which the bereaved partner was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the bereaved partner's only or principal home.

Commencement Information

I3S. 67 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

68Other family member's entitlement to inheritS

(1)When—

(a)the sole tenant under a private residential tenancy dies,

(b)the tenant's interest under the tenancy was not inherited by the tenant, and

(c)nobody inherits the tenancy under section 67,

any member of the tenant's family who meets the conditions set out in subsection (2) becomes the tenant under the tenancy.

(2)The conditions are—

(a)that the family member is at least 16 years of age at the time of the tenant's death, and

(b)that the family member—

(i)is occupying the let property as the family member's only or principal home at the time of the tenant's death, and

(ii)has done so for a continuous period of at least 12 months ending with the tenant's death.

(3)In determining whether the condition set out in subsection (2)(b)(ii) is met, no account is to be taken of any time during which the family member was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the family member's only or principal home.

(4)If more than one person is eligible to become the tenant by virtue of subsection (1), each becomes the tenant under the tenancy jointly with the others.

Commencement Information

I4S. 68 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

69Carer's entitlement to inheritS

(1)When—

(a)the sole tenant under a private residential tenancy dies,

(b)the tenant's interest under the tenancy was not inherited by the tenant, and

(c)nobody inherits the tenancy under section 67 or 68,

a resident carer who meets the conditions set out in subsection (2) becomes the tenant under the tenancy.

(2)The conditions are—

(a)that the resident carer is at least 16 years of age at the time of the tenant's death,

(b)that the resident carer—

(i)is occupying the let property as the resident carer's only or principal home at the time of the tenant's death, and

(ii)has done so for a continuous period of at least 12 months ending with the tenant's death, and

(c)that the resident carer had a previous only or principal home which was given up.

(3)In determining whether the condition set out in subsection (2)(b)(ii) is met, no account is to be taken of any time during which the resident carer was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the resident carer's only or principal home.

(4)If more than one person is eligible to become the tenant by virtue of subsection (1), each becomes the tenant under the tenancy jointly with the others.

(5)In this section, “a resident carer” means a person who provides, or has provided, care for—

(a)the tenant, or

(b)a member of the tenant's family.

Commencement Information

I5S. 69 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

70Interpretation of PartS

(1)For the purposes of this Part—

(a)two people are in a qualifying relationship with one another if they are—

(i)married to each other,

(ii)in a civil partnership with each other, or

(iii)living together as though they were married,

(b)a person is a member of a tenant's family if the person is—

(i)a qualifying relative of the tenant,

(ii)a qualifying relative of a person who was in a qualifying relationship with the tenant immediately before the tenant's death, or

(iii)in a qualifying relationship with a qualifying relative of the tenant.

(2)In subsection (1)(b), “a qualifying relative” means a parent, grandparent, child, grandchild, brother or sister.

(3)For the purposes of this section—

(a)a relationship of the half blood is to be regarded as a relationship of the whole blood,

(b)a person's stepchild is to be regarded as the person's child,

(c)a person (“A”) is to be regarded as the child of another person (“B”), if A is being or has been treated by B as B's child.

Commencement Information

I6S. 70 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources