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).