Part 2 – Tenancy Terms
18.Section 7 provides the Scottish Ministers with the power to bring forward regulations to prescribe statutory terms which will be terms of every private residential tenancy. Ministers may also by regulations provide that in some circumstances a statutory term does not apply to a tenancy (for example, regulations could provide that where a landlord and tenant agree to a more generous notice period before a tenant must allow the landlord access to inspect and repair the property, the statutory term on notice will not apply). In addition, regulations may provide that, in some or all circumstances, the effect of a statutory term may be modified by the landlord and tenant.
19.Section 8 makes further provision about regulations under section 7. It provides that regulations cannot be made under section 7 unless they include the terms outlined in schedule 2. But, as subsection (3) clarifies, the requirement to include the terms in schedule 2 does not prevent regulations under section 7 from providing, in accordance with section 7(3), for the modification or disapplication of the terms set out in schedule 2. Section 8 also requires the Scottish Ministers to consult before making regulations under section 7.
20.Section 9 protects a tenant’s entitlement to use shared living accommodation (as defined in subsection (3)). It prevents whatever entitlement the tenant had to use shared living accommodation at the beginning of the private residential tenancy from being removed or diminished without the tenant’s agreement.