Private Housing (Tenancies) (Scotland) Act 2016 (asp 19)

SCHEDULE 5 S TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

PART 2 S CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

Change of tenancy status on succession S

4 S After section 3A of the Rent (Scotland) Act 1984 there is inserted—

“3B Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where—

(a) the sole tenant of a dwelling-house under a protected tenancy or a statutory tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and

(b) as a result of that death, an individual becomes the tenant of the dwelling-house by virtue of section 3(1)(b) or 3A above.

(2) As soon as the individual becomes the tenant, the individual's tenancy of the dwelling-house—

(a) ceases to be a statutory tenancy or a statutory assured tenancy (as the case may be), and

(b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.”.

Commencement Information

I1 Sch. 5 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

5 S After section 31 of the Housing (Scotland) Act 1988 there is inserted—

“31A Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where—

(a) a sole tenant under an assured tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and

(b) an individual succeeds to the tenancy.

(2) As soon as the individual becomes the tenant, the tenancy—

(a) ceases to be an assured tenancy (if, but for this section, it would have been one), and

(b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.”.

Commencement Information

I2 Sch. 5 para. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.