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- Original (As enacted)
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1(1)In this Part—
“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
“student” has the same meaning as in paragraph 5 of schedule 1 of the 2016 Act,
“student residential tenancy” means a tenancy—
the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and
to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 (tenancies which cannot be private residential tenancies) of the 2016 Act applies,
“tenancy” includes sub-tenancy,
“tenant” includes sub-tenant.
(2)In a case where two or more persons jointly are the landlord under a tenancy, references in this Part to the landlord are to any of those persons.
(3)In a case where two or more persons jointly are the tenant under a tenancy, references in this Part to the tenant are to all of those persons (except in paragraph 3(3)).
2(1)A tenant may, for a reason relating to coronavirus, bring to an end a student residential tenancy by giving to the landlord a notice which fulfils the requirements described in paragraph 3.
(2)A tenancy comes to an end in accordance with sub-paragraph (1) on the day on which the notice states (in whatever terms) that it is to come to an end.
3(1)A notice fulfils the requirements referred to in paragraph 2(1) if—
(a)it is in writing, and
(b)it states, as the day on which the tenancy is to end, a day that is after the last day of the minimum notice period.
(2)In sub-paragraph (1)(b), “the minimum notice period” means a period which—
(a)begins on the day the notice is received by the landlord, and
(b)ends on the day falling—
(i)in a case where sub-paragraph (3) applies, 7 days after the period begins, or
(ii)in any other case, 28 days after the period begins.
(3)This sub-paragraph applies where—
(a)the tenancy was entered into before the coming into force of this paragraph, and
(b)the let property was occupied by the tenant under the tenancy at any time before the coming into force of this paragraph.
(4)In a case where two or more persons jointly are the tenant under the tenancy, the reference in sub-paragraph (3) to the tenant is to any of those persons.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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