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Private Housing (Tenancies) (Scotland) Act 2016

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This is the original version (as it was originally enacted).

9Protection of terms allowing use of shared living accommodation

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(1)A term of a private residential tenancy which entitles the tenant to use shared living accommodation may not be terminated or modified so as to reduce the entitlement which the tenant had at the commencement of the private residential tenancy, unless the tenant agrees to the termination or modification of the term after the tenancy commences.

(2)Subsection (1) does not affect the operation of any term of the tenancy which allows the identity or number of persons in common with whom the tenant is entitled to use the shared living accommodation to change.

(3)In this section, “shared living accommodation” means property––

(a)which the terms of the tenancy entitle the tenant to use in common with another person, and

(b)which is of such a nature that any let property must include it, or be treated as including it, in order to be regarded as a separate dwelling.

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