Part 4

Other matters relating to tenants

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.
.
S. 44 not in force at Royal Assent, see s. 86(2)