Part 4

Tenancies

Saving and transitional provision

Tenancies: saving provision
48
1
In relation to a notice to leave (within the meaning of section 62 of the 2016 Act) served on a tenant before 1 October 2022—
a
the 2016 Act continues to apply in accordance with the modifications made by paragraph 1 of schedule 1 of the 2020 Act and paragraph 5 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
b
the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 5 of schedule 1 of the 2020 (No.2) Act),
c
the modifications made to the 2016 Act by sections 33 and 36 of this Act do not apply.
2
In relation to a notice served on a tenant under section 19 or 33(1)(d) of the 1988 Act before 1 October 2022—
a
the 1988 Act continues to apply in accordance with the modifications made by paragraph 3 of schedule 1 of the 2020 Act and paragraph 4 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
b
the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 4 of schedule 1 of the 2020 (No.2) Act),
c
the modifications made to the 1988 Act by sections 34 and 37 of this Act do not apply.
3
In relation to a notice served on a tenant in accordance with section 112(1) of the 1984 Act before 1 October 2022—
a
the 1984 Act continues to apply in accordance with the modifications made by paragraph 5 of schedule 1 of the 2020 Act (despite that paragraph’s expiry),
b
the modifications made to the 1984 Act by section 35 of this Act do not apply.
4
In this section—
- “the 1984 Act” means the Rent (Scotland) Act 1984,
- “the 1988 Act” means the Housing (Scotland) Act 1988,
- “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
- “the 2020 Act” means the Coronavirus (Scotland) Act 2020,
- “the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
- “the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).

Tenancies: transitional provision
49
1
The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).
2
They are deemed to have been made under the powers conferred by section 18(4A)(b) of the 1988 Act and paragraph 12(4)(b) of schedule 3 of the 2016 Act.
3
In the 2020 Regulations—
a
references to the pre-action requirements are to be read as references to the pre-action protocol,
b
the reference in regulation 3 to section 18(3C) is to be read as a reference to section 18(4A)(b),
c
the reference in regulation 4 to paragraph 12(3B) is to be read as a reference to paragraph 12(4)(b).
4
Nothing in this section affects the 2020 Regulations insofar as they continue to apply by virtue of section 48.
5
In this section—
- “the 1988 Act” means the Housing (Scotland) Act 1988,
- “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
- “the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
- “the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).
S. 48 in force at 1.10.2022, see s. 59(1)
S. 49 in force at 1.10.2022, see s. 59(1)