PART 5Termination

CHAPTER 3Termination at landlord's instigation

Sub-tenancies

61Sub-tenancy notice to leave

(1)

In addition to giving a tenant a notice to leave, a landlord (“the superior landlord”) may give to anyone who holds a tenancy directly or indirectly from the superior landlord's tenant a sub-tenancy notice to leave.

(2)

In the event that a person to whom a sub-tenancy notice to leave has been given becomes a tenant of the superior landlord by virtue of section 46(2), references in this Part to a notice to leave are to be read as references to the copy of the notice to leave which, in accordance with subsection (3), forms part of the sub-tenancy notice to leave.

(3)

A sub-tenancy notice to leave is a notice which—

(a)

incorporates the notice to leave given to the superior landlord's tenant, and

(b)

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

(4)

In a case where two or more persons jointly are the landlord under a tenancy, a sub-tenancy notice to leave may be given by any one of those persons.