Part 4

Other matters relating to tenants

Unclaimed tenancy deposits

Use of unclaimed tenancy deposits
37
1
The Housing (Scotland) Act 2006 is modified as follows.
2
In section 121 (tenancy deposit schemes: regulatory framework)—
a
in subsection (2), after paragraph (d) insert—
da
impose requirements on a person who administers an approved scheme to report to the Scottish Ministers on matters relating to the operation of the approved scheme including, in particular, matters relating to unclaimed deposits,
,
b
after subsection (3) insert—
4
Tenancy deposit regulations must include provision to ensure that a tenancy deposit that is held under an approved scheme is not repaid unless a relevant application is made, within the 5-year period, for the tenancy deposit to be repaid.
5
In this Part—
- “5-year period”, in relation to a tenancy deposit held under an approved scheme, means the period of 5 years beginning with the later of—
  1. the day on which the provision required by subsection (4) comes into force in relation to the approved scheme, and
  2. the day on which the relevant tenancy or occupancy arrangement ends,
- “approved scheme” means a tenancy deposit scheme that is approved under section 122,
- “relevant application”, in relation to a tenancy deposit held under an approved scheme, means an application (however described) made—
  1. under the approved scheme, and
  2. in accordance with any tenancy deposit regulations that apply in relation to the application,
- “relevant tenancy or occupancy arrangement”, in relation to a tenancy deposit held under an approved scheme, means the tenancy or occupancy arrangement under or in connection with which the tenancy deposit was paid as security.
.
3
After section 122 insert—

Determining unclaimed deposits
122A
A tenancy deposit held under an approved scheme is to be determined by the scheme administrator to be an unclaimed deposit if the scheme administrator is satisfied that no relevant application was made, within the 5-year period, for the tenancy deposit to be repaid.

Transfer of unclaimed deposits
122B
1
The Scottish Ministers may direct the scheme administrator of an approved scheme to transfer to them, or to a fund administrator, any unclaimed deposits that are held on a particular day (“the accounting day”) under the approved scheme.
2
The direction—
a
must be in writing,
b
may specify the manner in which any such unclaimed deposits are to be transferred.
3
The scheme administrator must comply with any such direction within a period of 30 days beginning with the accounting day.

Use of transferred unclaimed deposits
122C
1
Unclaimed deposits that are transferred to the Scottish Ministers or to a fund administrator (in either case, “the recipient”) may be used by the recipient for the purposes of—
a
providing or securing the provision of—
i
advice, information or assistance to private tenants (or potential new tenants) about their rights,
ii
other services or facilities that promote or support their interests,
b
preventing private tenants from becoming homeless, or
c
paying or recovering administrative costs that are reasonably incurred by the recipient in the exercise of functions under this section or section 122D (but see subsection (3)).
2
Where any such unclaimed deposit is to be used for a purpose mentioned in subsection (1)(a) or (b) it may, in particular, be provided by way of a grant, loan or otherwise and on such conditions as the recipient considers appropriate.
3
Where any such unclaimed deposit is to be used for a purpose mentioned in subsection (1)(c), a fund administrator may do so only with the consent of the Scottish Ministers and in accordance with any conditions they specify.
4
In subsection (1)—
a
a reference to private tenants is a reference to any tenant under—
i
a private residential tenancy under the 2016 Act,
ii
a student residential tenancy,
iii
an assured tenancy under the Housing (Scotland) Act 1988,
iv
a protected tenancy under the Rent (Scotland) Act 1984, or
v
a Part VII contract under that Act,
b
a reference to potential new tenants is a reference to any person who may become a tenant under—
i
a private residential tenancy under the 2016 Act, or
ii
a student residential tenancy.
5
In this section—
- “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—
  1. the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and
  2. to which paragraph 5(2) or (3) of schedule 1 (tenancies which cannot be private residential tenancies: student lets) of the 2016 Act applies.

Reports on the use of transferred unclaimed deposits
122D
1
The Scottish Ministers must prepare a report on the use of any unclaimed deposits that are transferred to them or to a fund administrator.
2
The Scottish Ministers must—
a
publish the report within a period of 3 years beginning with—
i
where the deposits to which the transfer request relates are transferred on a single day, that day, or
ii
where such deposits are transferred over a period of two or more days, the first of those days, and
b
lay a copy of it before the Scottish Parliament as soon as reasonably practicable after publication.
3
For the purpose of preparing a report under subsection (1), the Scottish Ministers may direct a fund administrator to give them a report on the use of any unclaimed deposits that are transferred to the fund administrator.
4
A report to be given by a fund administrator under subsection (3) must—
a
be given to the Scottish Ministers as soon as reasonably practicable after the direction is received, and
b
contain such information as the Scottish Ministers may specify in the direction.

Repayment of unclaimed deposits
122E
1
Subsection (2) applies where—
a
a tenancy deposit was paid by an occupant as security under or in connection with a tenancy or an occupancy arrangement, and
b
the tenancy deposit was an unclaimed deposit that was transferred to the Scottish Ministers or a fund administrator.
2
Where this subsection applies, the Scottish Ministers may, on the application of the former occupant, repay all or part of the former tenancy deposit (“the amount”) to the former occupant if they are satisfied that—
a
the former occupant has a reasonable excuse for not having made a relevant application, within the 5-year period, for the amount to be repaid, and
b
if the former occupant had made such an application immediately before the end of the 5-year period, the scheme administrator would have been required to repay the amount to the former occupant.
4
After section 123 insert—

Interpretation of this Part
123A
In this Part—
- “fund administrator” means a person, other than the Scottish Ministers, to whom unclaimed deposits are transferred,
- “scheme administrator”, in relation to an approved scheme, means the person who administers the scheme,
- “transferred” means transferred in compliance with a request under section 122B(1),
- “unclaimed deposit” means a tenancy deposit that is determined to be an unclaimed deposit in accordance with section 122A.
.

Registration of letting agents etc.

Applications for registration
38
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 30(2) (application for registration)—
a
in paragraph (d)—
i
the words from “the individual” to the end of the paragraph become sub-paragraph (i),
ii
after that sub-paragraph insert
, and
ii
any other person who owns 25% or more of the relevant partnership, company or body,
,
b
in paragraph (e)—
i
sub-paragraph (i), and the word “or” immediately following it, are repealed,
ii
in sub-paragraph (ii), the word “otherwise” is repealed.
3
In section 32 (decision on application), after subsection (6) insert—
6A
The Scottish Ministers must give further notice under subsection (6) if they are considering refusing the application for reasons that differ from or supplement those previously notified.
.

Duty to inform: change of circumstances
39
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 37 (duty to inform: change of circumstances)—
a
in subsection (1), for the words from “information” to “this section,” substitute “relevant information”,
b
after subsection (5) insert—
6
In subsection (1), “relevant information” means—
a
information provided by a registered letting agent under section 30(2)(a) to (e) or, as the case may be, this section,
b
such of the information provided by virtue of section 30(2)(f) as the Scottish Ministers may by regulations prescribe,
c
information provided by a registered letting agent in accordance with a notice served under section 52(1).
.

Revocation of registration: where agent no longer exists
40
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 39 (revocation of registration)—
a
in subsection (1)—
i
the word “or” immediately following paragraph (b) is repealed,
ii
after paragraph (c) insert
, or
d
the agent no longer exists.
,
b
in subsection (2), in the opening words—
i
for “this section” substitute “subsection (1)(a), (b) or (c)”,
ii
after “must” insert “(if possible)”,
c
after subsection (2) insert—
2A
The Scottish Ministers must give further notice under subsection (2) if they are considering removing the agent from the register for reasons that differ from or supplement those previously notified.
,
d
in subsection (4), in the opening words—
i
after “must” insert “(if possible)”,
ii
after “decision” insert “under subsection (1)(a), (b) or (c)”.

Removal from register on application: notification of agent
41
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 40 (removal from register on application), in subsection (4), after “must” insert “(if possible)”.

Note on register where entry refused or removed: duration
42
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 42 (note on register where refusal or removal), in subsection (4)(a), for “12 months” substitute “3 years”.

Power to obtain information and carry out inspections
43
1
The Housing (Scotland) Act 2014 is modified as follows.
2
In section 52 (power to obtain information), for subsection (3) substitute—
3
Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland.
.
3
In section 53 (power to carry out inspections), for subsection (3) substitute—
3
Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland.
.

Ending joint tenancies

Private residential tenancies: ending a joint tenancy
44
1
The 2016 Act is modified as follows.
2
In section 48 (tenant’s ability to bring tenancy to an end)—
a
in subsection (1), after “section 49” insert “(but see also section 48A)”,
b
in subsection (3), for the words from “if” to the end of the subsection substitute “where subsection (3A) or (3B) applies.”,
c
after subsection (3) insert—
3A
This subsection applies where—
a
before the day mentioned in subsection (2), a request to continue the tenancy after that day is made to the landlord by—
i
in the case of a joint tenancy, all of the joint tenants,
ii
in any other case, the tenant, and
b
the landlord agrees to the request.
3B
This subsection applies where—
a
the person who gave the notice under subsection (1) is a joint tenant, and
b
before the day mentioned in subsection (2), the interest of the joint tenant in the tenancy is assigned to another person.
3C
In this section, in a case where two or more persons jointly are the tenant under a tenancy—
a
references to the tenant or to a joint tenant are to any one of those persons, and
b
references to a joint tenancy are to such a tenancy.
3D
In the case of a joint tenancy, the reference to a tenant in subsection (1) includes a reference to all of the joint tenants acting together.
,
d
in subsection (4), for “subsections (1) and (3)” substitute “this section”.
3
After section 48 insert—

Pre-notice to be given to other joint tenants
48A
1
Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless—
a
that tenant has given every other joint tenant and the landlord under the tenancy a pre-notice—
i
at least 2 months (the “minimum period of pre-notice”), but no more than 3 months (the “maximum period of pre-notice”), before the day on which the notice is given under section 48(1),
ii
that fulfils the requirements described in subsection (3), and
b
the notice under section 48(1) is accompanied by—
i
a statement that a pre-notice has been given to every other joint tenant in accordance with this section, and
ii
such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations,
c
within a period of 7 days beginning with the day on which the notice under section 48(1) is given to the landlord, the joint tenant—
i
has given every other joint tenant a copy of the notice, and
ii
has given the landlord—
A
a statement that a copy of the notice has been given by the joint tenant to every other joint tenant, and
B
such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations.
2
Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together.
3
A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it—
a
is in writing,
b
states that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1),
c
fulfils any other requirements prescribed by the Scottish Ministers in regulations.
4
Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence—
a
includes information specified in the regulations,
b
is in a form specified in the regulations,
c
is given in a manner specified in the regulations.
5
The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary—
a
the minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months,
b
the maximum period of pre-notice for the time being specified in that sub-paragraph.
6
The Scottish Ministers may by regulations modify paragraph (c) of subsection (1) so as to vary the period for the time being specified in that paragraph.
7
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers—
a
must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and
b
may consult any other person they consider appropriate.
8
In this section—
- “joint tenant” is to be construed in accordance with section 48(3C),
- “landlord” is to be construed in accordance with section 48(4).
.
4
In section 49 (requirements for notice to be given by tenant)—
a
in subsection (2), for “agrees” substitute “and the tenant agree”,
b
in subsection (3), in paragraph (b)(i), after “and” insert “the”,
c
after subsection (4) insert—
4A
In a case where two or more persons jointly are the tenant under a tenancy—
a
in subsection (1)(a)(ii), the reference to the tenant is to the joint tenant who gave the notice under section 48(1),
b
in subsections (2) and (3)(b)(i), the references to the tenant are to all of the joint tenants.
.

Ending student tenancies

Student residential tenancies: power to enable tenant to bring tenancy to an end
45
1
The Scottish Ministers may by regulations make provision for or in connection with enabling a tenant under a student residential tenancy to bring to an end the tenancy in such circumstances, and subject to such requirements, as may be specified in the regulations.
2
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—
a
must consult such persons as appear to them to represent the interests of tenants and landlords under student residential tenancies, and
b
may consult any other person they consider appropriate.
3
In this section—
- “student” has the meaning given in paragraph 5 of schedule 1 of the 2016 Act,
- “student residential tenancy” means a tenancy—
  1. the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and
  2. to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 of the 2016 Act (tenancies which cannot be private residential tenancies) applies,
- “tenancy” includes sub-tenancy,
- “tenant” includes sub-tenant.

Social landlords: qualifying repairs

Social landlords: qualifying repairs
46
1
The Housing (Scotland) Act 2001 is modified as follows.
2
In section 27 (repairs)—
a
in subsection (2), for “make regulations for” substitute “by regulations make provision for or in connection with”,
b
in subsection (3)—
i
for the opening words substitute “Regulations under subsection (2) may, in particular, make provision for or in connection with—”,
ii
after paragraph (a) insert—
aa
the period within which an inspection of the house is to take place to determine whether a qualifying repair is required,
ab
the period within which a qualifying repair is to be commenced,
,
iii
the word “and” immediately following paragraph (b) is repealed,
iv
after paragraph (c) insert—
d
compensation payable in relation to a failure to comply with a requirement imposed by the regulations,
e
any review or appeal in relation to a failure to comply with a requirement imposed by the regulations.
.

Tolerable standard: damp

Tolerable standard: damp
47
1
The Housing (Scotland) Act 1987 is modified as follows.
2
In section 86 (definition of house meeting tolerable standard), after subsection (1C) insert—
1D
Any such guidance issued by the Scottish Ministers may further specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp under subsection (1)(b).
.

Succession to tenancies: qualifying periods

Private residential tenancies: succession
48
1
The 2016 Act is modified as follows.
2
In section 67 (partner’s entitlement to inherit), in subsection (3), for “12” substitute “6”.
3
In section 68 (other family member’s entitlement to inherit), in subsection (2)(b)(ii), for “12” substitute “6”.
4
In section 69 (carer’s entitlement to inherit), in subsection (2)(b)(ii), for “12” substitute “6”.

Scottish secure tenancies: succession
49
1
The Housing (Scotland) Act 2001 is modified as follows.
2
In schedule 3 (succession to Scottish secure tenancy: qualified persons)—
a
in paragraph 2(2), for “12” substitute “6”,
b
in paragraph 3, for “12” substitute “6”,
c
in paragraph 4(b), for “12” substitute “6”,
d
in paragraph 11(3)(a), for “3” substitute “6”.

Delivery of notices etc.

Social landlords: delivery of notices etc.
50
1
The Housing (Scotland) Act 2001 is modified as follows.
2
In section 40 (notices)—
a
in subsection (1)(c), for the words from “by recorded” to the end of the paragraph substitute “to that person’s proper address by means of a postal service which provides for the delivery of the notice or other document to be recorded.”,
b
after subsection (1) insert—
1A
For the purpose of subsection (1)(c), the delivery of a notice or other document may be recorded in any way that evidences that it was delivered to the person’s proper address (including in a way that evidences this without the need for the person to confirm the delivery).
,
c
after subsection (2) insert—
3
A notice to be given by a landlord to a tenant under section 25(1) may also be given by sending it, where subsection (4) applies, to the tenant using electronic communications.
4
This subsection applies where, before the notice is given, the landlord and the tenant agree in writing that the notice may be given to the tenant by transmitting it to an electronic address and in an electronic form specified by the tenant for the purpose.
.

Converting older tenancies

Assured tenancies: power to convert
51
1
The 2016 Act is modified as follows.
2
In schedule 5 (transition from regimes under earlier enactments), after paragraph 5 insert—

Change of tenancy status by regulations
6
1
The Scottish Ministers may by regulations appoint a day on which a relevant assured tenancy—
a
ceases to be an assured tenancy, and
b
becomes a private residential tenancy.
2
Any day appointed by regulations under sub-paragraph (1) must be at least 12 months after the day on which the regulations come into force.
3
Where by virtue of regulations under sub-paragraph (1) a tenancy becomes a private residential tenancy, the terms of the tenancy as they were immediately before the conversion are unchanged so far as they are consistent with the provisions under this Act.
4
Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (1) before the Scottish Parliament, the Scottish Ministers—
a
must consult persons who appear to them to represent the interests of tenants and landlords under assured tenancies, and
b
may consult any other person they consider appropriate.
5
In sub-paragraph (1), a “relevant assured tenancy” means a tenancy—
a
that is an assured tenancy under the Housing (Scotland) Act 1988, and
b
which, if it were not an assured tenancy, can for the time being be a private residential tenancy.
.
S. 37 not in force at Royal Assent, see s. 86(2)
S. 38 not in force at Royal Assent, see s. 86(2)
S. 39 not in force at Royal Assent, see s. 86(2)
S. 40 not in force at Royal Assent, see s. 86(2)
S. 41 not in force at Royal Assent, see s. 86(2)
S. 42 not in force at Royal Assent, see s. 86(2)
S. 43 not in force at Royal Assent, see s. 86(2)
S. 44 not in force at Royal Assent, see s. 86(2)
S. 45 not in force at Royal Assent, see s. 86(2)
S. 46 not in force at Royal Assent, see s. 86(2)
S. 47 not in force at Royal Assent, see s. 86(2)
S. 48 not in force at Royal Assent, see s. 86(2)
S. 49 not in force at Royal Assent, see s. 86(2)
S. 50 not in force at Royal Assent, see s. 86(2)
S. 51 not in force at Royal Assent, see s. 86(2)
S. 46 in force at 6.12.2025 by S.S.I. 2025/355, reg. 2(a)
S. 47 in force at 6.12.2025 by S.S.I. 2025/355, reg. 2(b)