5(1)A tenancy cannot be a private residential tenancy if—
(a)the purpose of it is to confer on the tenant the right to occupy the let property while the tenant is a student, and
(b)sub-paragraph (2) or (3) applies to the tenancy.
(2)This sub-paragraph applies to a tenancy if the landlord is—
(a)a university or constituent college, school or hall of a university,
(b)a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 (“the 1980 Act”),
(c)a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992,
(d)an institution for the provision of further education within the meaning of section 135(1) of the 1980 Act which is administered by an education authority,
(e)a college of further education which is managed by a board of management in terms of Part 1 of the Further and Higher Education (Scotland) Act 1992,
(f)an association approved under regulation 8 of the Further Education (Scotland) Regulations 1959 (S.I. 1959/477),
(g)the Royal College of Surgeons of Edinburgh.
(3)This sub-paragraph applies to a tenancy if—
(a)planning permission for the construction, conversion or change of use of the building (or part of the building) of which the let property forms part was given on the basis that the let property would be used predominantly for housing students, and
(b)the landlord is an institutional provider of student accommodation.
(4)For the purposes of sub-paragraph (3), a landlord is an institutional provider of student accommodation if—
(a)the landlord lets, or is entitled to let, other properties in the same building or complex as the let property,
(b)the let property and the other properties together include at least 30 bedrooms, and
(c)the landlord uses, or intends to use, the other properties predominantly for the purpose of housing students.
(5)In this paragraph, “student” means a person who is pursuing a course of study provided by a body referred to in sub-paragraph (2).