http://www.legislation.gov.uk/asp/2016/19/section/48APrivate 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 PART 5TerminationCHAPTER 2Termination by tenant<Addition ChangeId="key-a153475a0379c54549fadf9a5421cbf4-1776940454611" CommentaryRef="key-a153475a0379c54549fadf9a5421cbf4">Pre-notice to be given to other joint tenants</Addition>48A1Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless—athat tenant has given every other joint tenant and the landlord under the tenancy a pre-notice—iat 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),iithat fulfils the requirements described in subsection (3), andbthe notice under section 48(1) is accompanied by—ia statement that a pre-notice has been given to every other joint tenant in accordance with this section, andiisuch evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations,cwithin 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—ihas given every other joint tenant a copy of the notice, andiihas given the landlord—Aa statement that a copy of the notice has been given by the joint tenant to every other joint tenant, andBsuch evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations.2Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together.3A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it—ais in writing,bstates that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1),cfulfils any other requirements prescribed by the Scottish Ministers in regulations.4Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence—aincludes information specified in the regulations,bis in a form specified in the regulations,cis given in a manner specified in the regulations.5The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary—athe minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months,bthe maximum period of pre-notice for the time being specified in that sub-paragraph.6The 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.7Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers—amust consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, andbmay consult any other person they consider appropriate.8In 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).Pt. 5 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))S. 48A inserted (1.4.2026 for the purpose of making regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 44(3), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1