Part 4

Tenancies

Pre-action protocol in respect of evictions relating to rent arrears

Private residential tenancies: pre-action protocol
46
1
The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.
2
In paragraph 12 of schedule 3 (rent arrears)—
a
in sub-paragraph (4)—
i
the words from “whether the” to “benefit” become paragraph (a),
ii
after paragraph (a) insert “, and
b
the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.
,
b
after sub-paragraph (5) insert—
6
Regulations under sub-paragraph (4)(b) may make provision about—
a
information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),
b
steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,
c
such other matters as the Scottish Ministers consider appropriate.
.
3
In section 77(3) (regulation-making powers), after “41” insert “and paragraph 12(4)(b) of schedule 3”.