PART 5Termination

CHAPTER 2Termination by tenant

F148APre-notice to be given to other joint tenants

(1)

Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless—

(a)

that tenant has given every other joint tenant and the landlord under the tenancy a pre-notice—

(i)

at least 2 months (the “minimum period of pre-notice”), but no more than 3 months (the “maximum period of pre-notice”), before the day on which the notice is given under section 48(1),

(ii)

that fulfils the requirements described in subsection (3), and

(b)

the notice under section 48(1) is accompanied by—

(i)

a statement that a pre-notice has been given to every other joint tenant in accordance with this section, and

(ii)

such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations,

(c)

within a period of 7 days beginning with the day on which the notice under section 48(1) is given to the landlord, the joint tenant—

(i)

has given every other joint tenant a copy of the notice, and

(ii)

has given the landlord—

(A)

a statement that a copy of the notice has been given by the joint tenant to every other joint tenant, and

(B)

such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations.

(2)

Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together.

(3)

A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it—

(a)

is in writing,

(b)

states that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1),

(c)

fulfils any other requirements prescribed by the Scottish Ministers in regulations.

(4)

Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence—

(a)

includes information specified in the regulations,

(b)

is in a form specified in the regulations,

(c)

is given in a manner specified in the regulations.

(5)

The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary—

(a)

the minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months,

(b)

the maximum period of pre-notice for the time being specified in that sub-paragraph.

(6)

The Scottish Ministers may by regulations modify paragraph (c) of subsection (1) so as to vary the period for the time being specified in that paragraph.

(7)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers—

(a)

must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and

(b)

may consult any other person they consider appropriate.

(8)

In this section—

“joint tenant” is to be construed in accordance with section 48(3C),

“landlord” is to be construed in accordance with section 48(4).