[F1 Part 4A S Rent: properties in a rent control area (other than exempt properties)

Textual Amendments

F1 Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

Chapter 1 S Initial provisions and restrictions in relation to rent etc.

Key definitions in this Part S

43B Meaning of property that is “previously let” and the “immediately preceding tenancy” S

(1) In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that—

(a) is the same or substantially the same as the property that was let under the immediately preceding tenancy, and

(b) is not an excluded property as mentioned in subsection (2).

(2) For the purpose of subsection (1), the property let under the current tenancy is an excluded property if—

(a) it was purchased by the landlord under the tenancy with vacant possession, and

(b) the tenancy is the first private residential tenancy of the property granted by the landlord since the purchase.

(3) In this Part, a reference to the immediately preceding tenancy is, in relation to a current tenancy, a reference to a private residential tenancy or an assured tenancy that—

(a) immediately preceded the current tenancy, and

(b) ended no more than 12 months before the start of the current tenancy.

(4) The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section.]