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/64KPrivate 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
64KRestrictions on category 2 changes: decisions on appeal(1)

Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions.

(2)

If the First-tier Tribunal decides that—

(a)

any such condition is unreasonable, it may make a consent order,

(b)

each such condition is reasonable, it may dismiss the appeal.

(3)

Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent.

(4)

If the First-tier Tribunal decides that—

(a)

the refusal is unreasonable, it may make a consent order,

(b)

the refusal is reasonable, it may dismiss the appeal.

(5)

Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent.

(6)

If the First-tier Tribunal—

(a)

is satisfied that the landlord in question is deemed to have refused such consent and decides that—

(i)

the deemed refusal is unreasonable, it may make a consent order,

(ii)

the deemed refusal is reasonable, it may dismiss the appeal,

(b)

is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.

(7)

In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify.