http://www.legislation.gov.uk/asp/2016/19/section/64JPrivate 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 5AChapter 264J1A tenant may appeal to the First-tier Tribunal against—awhere the tenant was given notice in accordance with section 64I(2)—iany condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,iiany refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, orbwhere the tenant considers that section 64I(5) applies, the deemed refusal of consent.2Before making the appeal, the tenant must give the landlord notice of—athe tenant’s intention to make it, andbwhether the appeal will be against—ione or more consent conditions and, if so, which, oriia refusal of consent (including any deemed refusal).3The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.4The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—awhere the tenant intends to appeal under subsection (1)(a)—ithe day on which the tenant was given notice in accordance with section 64I(2), oriiwhere no such notice was given within the period required by the section, the expiry of that period,bwhere the tenant intends to appeal under subsection (1)(b), the day on which the landlord is deemed to have refused consent under section 64I(5).5The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2).6The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—anotice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,bthe appeal was not made within the period required by subsection (5).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