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Housing (Scotland) Act 2025

Crown Application

Part 4 – Other Matters Relating to Tenants

Converting older tenancies

Section 51 - Assured tenancies: power to convert

141.This section inserts new paragraph 6 into schedule 5 of the 2016 Act. This new paragraph gives the Scottish Ministers the power to, by regulations, appoint a day (at least 12 months after the regulations come into force) on which a relevant assured tenancy under the 1988 Act ceases to be an assured tenancy and becomes a PRT. But the regulations cannot convert a tenancy that is an assured tenancy into a PRT if the tenancy is also another type of tenancy that cannot be a PRT by virtue of schedule 1 of the 2016 Act. The new paragraph also provides that where any such tenancy becomes a PRT under this power, the immediately preceding terms of the tenancy are unchanged so far as they are consistent with the 2016 Act. Before laying draft regulations to appoint a day, the Scottish Ministers must consult representatives of tenants and landlords under assured tenancies.

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