Housing (Scotland) Act 2025

51 Assured tenancies: power to convert

(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.”.