3Writing not required to constitute private residential tenancy
This section has no associated Explanatory Notes
(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).