Coronavirus (Scotland) (No.2) Act 2020 (asp 10)

SCHEDULE 1 S Protection of the individual

PART 1 S Student residential tenancy: termination by tenant

Interpretation of this Part S

[F1 1 (1) In this Part— S

• “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

• “student” has the same meaning as in paragraph 5 of schedule 1 of the 2016 Act,

• “student residential tenancy” means a tenancy—

  (a)

  the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and

  (b)

  to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 (tenancies which cannot be private residential tenancies) of the 2016 Act applies,

• “tenancy” includes sub-tenancy,

• “tenant” includes sub-tenant.

(2) In a case where two or more persons jointly are the landlord under a tenancy, references in this Part to the landlord are to any of those persons.

(3) In a case where two or more persons jointly are the tenant under a tenancy, references in this Part to the tenant are to all of those persons F2 ....]

Textual Amendments

F1 Sch. 1 para. 1 suspended (1.7.2022) by The Coronavirus (Scotland) (No. 2) Act 2020 (Suspension: Termination of Student Residential Tenancy) Regulations 2022 (S.S.I. 2022/192), regs. 1(1), 2 (with reg. 3)

F2 Words in sch. 1 para. 1(3) repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(8), 11(1)

Tenant's ability to bring tenancy to an end S

[F3 2 (1) A tenant may, for a reason relating to coronavirus, bring to an end a student residential tenancy by giving to the landlord a notice which fulfils the requirements described in paragraph 3. S

(2) A tenancy comes to an end in accordance with sub-paragraph (1) on the day on which the notice states (in whatever terms) that it is to come to an end.]

Textual Amendments

F3 Sch. 1 para. 2 suspended (1.7.2022) by The Coronavirus (Scotland) (No. 2) Act 2020 (Suspension: Termination of Student Residential Tenancy) Regulations 2022 (S.S.I. 2022/192), regs. 1(1), 2 (with reg. 3)

Requirements for notice to be given by tenant S

[F4 3 (1) A notice fulfils the requirements referred to in paragraph 2(1) if— S

(a) it is in writing, and

(b) it states, as the day on which the tenancy is to end, a day that is after the last day of the minimum notice period.

(2) In sub-paragraph (1)(b), “the minimum notice period” means a period which—

(a) begins on the day the notice is received by the landlord, and

(b) ends on the day falling—

F5 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F6 ... 28 days after the period begins.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F4 Sch. 1 para. 3 suspended (1.7.2022) by The Coronavirus (Scotland) (No. 2) Act 2020 (Suspension: Termination of Student Residential Tenancy) Regulations 2022 (S.S.I. 2022/192), regs. 1(1), 2 (with reg. 3)

F5 Sch. 1 para. 3(2)(b)(i) expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(8)(a)(i), 11(2)

F6 Words in Sch. 1 para. 3(2)(b)(ii) expire (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(8)(a)(ii), 11(2)

F7 Sch. 1 para. 3(3)(4) expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(8)(a)(iii), 11(2)