http://www.legislation.gov.uk/asp/2016/19/section/43BPrivate Housing (Tenancies)
(Scotland) Act 2016An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-05-01
Private Housing (Tenancies)
(Scotland) Act 2016specified provision(s)The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 (revoked)reg. 2 Sch.Private Housing (Tenancies)
(Scotland) Act 2016s. 25(1)(a)Housing (Scotland) Act 2025s. 25(2)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 25(1)(b) and wordHousing (Scotland) Act 2025s. 25(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 29(1)(a)Housing (Scotland) Act 2025s. 25(3)(b)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 29(1)(b) and wordHousing (Scotland) Act 2025s. 25(3)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 34(1)(c) and wordHousing (Scotland) Act 2025s. 25(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 48(3A)-(3D)Housing (Scotland) Act 2025s. 44(2)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 49(4A)Housing (Scotland) Act 2025s. 44(4)(c)s. 86(2)reg. 2(4)(5)sch. Pt. 4Private Housing (Tenancies)
(Scotland) Act 2016s. 51AHousing (Scotland) Act 2025s. 28(2)s. 86(2)Private Housing (Tenancies)
(Scotland) Act 2016s. 59(1A)(1B)Housing (Scotland) Act 2025s. 34(2)(b)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies)
(Scotland) Act 2016s. 59(5)Housing (Scotland) Act 2025s. 34(2)(e)s. 86(2)reg. 2(3)(5)sch. Pt. 3Private Housing (Tenancies)
(Scotland) Act 2016Sch. 5 para. 6 and cross-headingHousing (Scotland) Act 2025s. 51(2)s. 86(2)
Part 4A<Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Rent: properties in a rent control area (other than exempt properties)</Addition>Chapter 1<Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Initial provisions and restrictions in relation to rent etc.</Addition><Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Key definitions in this Part</Addition><Addition ChangeId="key-2bc8b7ee75e99ad342663964f6ce171a-1776936618960" CommentaryRef="key-2bc8b7ee75e99ad342663964f6ce171a">Meaning of property that is “previously let” and the “immediately preceding tenancy”</Addition>43B1In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that—ais the same or substantially the same as the property that was let under the immediately preceding tenancy, andbis not an excluded property as mentioned in subsection (2).2For the purpose of subsection (1), the property let under the current tenancy is an excluded property if—ait was purchased by the landlord under the tenancy with vacant possession, andbthe tenancy is the first private residential tenancy of the property granted by the landlord since the purchase.3In 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—aimmediately preceded the current tenancy, andbended no more than 12 months before the start of the current tenancy.4The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section.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