PART 1Private residential tenancy
3Writing not required to constitute private residential tenancy
1
A purported contract becomes lawfully constituted, despite not being constituted in a written document as required by section 1(2) of the Requirements of Writing (Scotland) Act 1995, when—
a
a person occupies a property as the person’s only or principal home in pursuance of the purported contract’s terms, and
b
the tenancy which the purported contract would create, were it lawfully constituted, would satisfy the conditions in paragraphs (a) and (c) of section 1(1).
2
Any term of a purported contract which is unrelated to a private residential tenancy is not to be regarded as a term of the contract for the purpose of subsection (1).