Change of tenancy status by agreement
3(1)The Housing (Scotland) Act 1988 is amended as follows.
(2)After section 12(2) there is inserted—
“(3)Subsection (1) is subject to section 46A.”.
(3)After section 46 there is inserted—
“Phasing out of assured tenancies
46AChange to private residential tenancy by agreement
(1)The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy.
(2)On the day specified by the landlord and the tenant under subsection (1), the tenancy—
(a)ceases to be an assured tenancy, and
(b)becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”).
(3)But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy.”.