Coronavirus (Scotland) (No.2) Act 2020

PART 1 Student residential tenancy: termination by tenant

Interpretation of this Part

1 (1) In this Part—

• “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 (except in paragraph 3(3)).

Tenant’s ability to bring tenancy to an end

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.

(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.

Requirements for notice to be given by tenant

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

(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—

(i) in a case where sub-paragraph (3) applies, 7 days after the period begins, or

(ii) in any other case, 28 days after the period begins.

(3) This sub-paragraph applies where—

(a) the tenancy was entered into before the coming into force of this paragraph, and

(b) the let property was occupied by the tenant under the tenancy at any time before the coming into force of this paragraph.

(4) In a case where two or more persons jointly are the tenant under the tenancy, the reference in sub-paragraph (3) to the tenant is to any of those persons.