Pt. 5A inserted (1.4.2026 for the purpose of inserting ss. 64B(1)(3), 64C(3), 64E, 64F, 64G, 64I(1)(3), 64J(3), 64L, 64M, 64N, and 64O to enable the Scottish Ministers to consult or make regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 35(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

http://www.legislation.gov.uk/asp/2016/19/section/64HPrivate 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 Participation2026-05-01Private Housing (Tenancies) (Scotland) Act 2016specified provision(s)The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 (revoked)reg. 2Sch.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 5Akeeping pets and making changes to let propertyChapter 2Making changes to let property
64HTenant’s right to make changes to let property(1)

A tenant under a private residential tenancy to which this Chapter applies may—

(a)

make a category 1 change to the let property without the consent of the landlord,

(b)

make a category 2 change to the let property if—

(i)

the change is made at least 6 months after the start of the tenancy, and

(ii)

the tenant has the landlord’s consent to make the change (but see subsection (4)).

(2)

The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M).

(3)

Where a tenant makes a category 1 change or a category 2 change to a let property in accordance with this Chapter, any costs incurred by the tenant in making the change are to be met by the tenant unless the landlord agrees otherwise.

(4)

A tenant under a private residential tenancy may make a category 2 change at any time to the let property without the consent of the landlord if the terms of the tenancy allow the tenant to make the change at that time without such consent.

(5)

This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy.

(6)

In this Chapter—

(a)

a “category 1 change” or “category 2 change”, in relation to a let property of a particular type, means a change or kind of change that is categorised as such in regulations under section 64L and which applies in relation to a let property of that type,

(b)

a reference to making any such change (however described) includes arranging for the change to be made.