Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 4 – Other Matters Relating to Tenants

Ending joint tenancies

Section 44 - Private residential tenancies: ending a joint tenancy

121. This section modifies sections 48 and 49 of the 2016 Act and inserts a new section 48A.

122. Section 48 is modified so that, in the case of a joint tenancy, one of the joint tenants may bring to an end a PRT by giving the landlord a notice in accordance with that section. Section 48 is also modified so that the tenancy does not come to an end on the day stated in the notice if, before that day, the interest of the joint tenant is assigned to another person.

123. New section 48A provides that, where a notice to bring an end to a PRT under section 48 is given by a joint tenant, the notice has no effect unless, at least 2 months (but not more than 3 months) before, a pre-notice is given by the joint tenant to every other joint tenant and the landlord. A regulation-making power is given to the Scottish Ministers to specify other requirements that must be met by a pre-notice. Any subsequent notice to bring the tenancy to an end under section 48 also has no effect unless it is given within 28 days of the end of the 2-month pre-notice period and is accompanied by a statement that a pre-notice has been given to every other joint tenant in accordance with subsection (1)(a) of the new section. A regulation-making power is given to the Scottish Ministers to enable them to provide that a notice under section 48(1) must also be accompanied by such evidence in support of the statement as they may specify. In addition, the subsequent notice has no effect unless, within 7 days of the notice being given, the joint tenant has given every other joint tenant a copy of the notice and has given the landlord a statement confirming this (along with such supporting evidence as may be required by regulations). Regulation-making powers are conferred on the Scottish Ministers to modify the period within which the pre-notice must be given by the tenant, and the period within which the tenant must give a copy of the subsequent notice to the other joint tenants and the statement to the landlord.

124. Section 49 is modified so that, where a notice to bring an end to a PRT under section 48 states a day on which the tenancy is to end which is before the end of the minimum notice period, the landlord and the tenant may agree in writing to the tenancy ending on that day. But, in the case of a joint tenancy, the tenant here means all of the joint tenants.