Private Housing (Tenancies) (Scotland) Act 2016

46 Protection for sub-tenants

(1) Subsection (2) applies (subject to section 47) where—

(a) a lawfully granted sub-tenancy is terminated by the termination of the tenancy of the person who was the landlord under the sub-tenancy, and

(b) immediately before it terminated, the sub-tenancy was a private residential tenancy.

(2) On the termination of the sub-tenancy, the person who was the tenant under the sub-tenancy becomes the tenant under a new tenancy which—

(a) has the same terms as the sub-tenancy had immediately before it was terminated, and

(b) is deemed to have been granted at the time that the sub-tenancy terminated by whoever was entitled to grant a tenancy in those terms at that time.

(3) A sub-tenancy is not lawfully granted for the purpose of subsection (1) if—

(a) sub-letting the let property is precluded by a term of—

(i) the tenancy of the person who granted the sub-tenancy (“the mid-landlord”), or

(ii) the tenancy of a tenant from whom the mid-landlord’s tenancy is held (directly or indirectly), and

(b) the person entitled to enforce the term mentioned in paragraph (a) has not expressly or impliedly consented to the sub-tenancy being granted or continuing.