Part 3 - Keeping Pets and Making Changes to Let Property
Section 35 - Private residential tenancies: keeping pets and making changes to let property
107.This section inserts a new Part 5A (containing Chapters 1 and 2) into the 2016 Act.
108.Chapter 1 (keeping pets) comprises sections 64A to 64G—
Section 64A provides that, where the right of a tenant to keep a pet at a let property is a statutory term of a PRT, the tenant may keep a pet at the let property with the landlord’s consent, and this consent cannot be unreasonably refused. Where a landlord has consented, the tenant may keep the pet at the let property until the tenancy ends. The landlord’s consent to keep the pet may be subject to reasonable conditions. But if the tenancy allows the tenant to do so without consent, no consent is required. (The right to keep a pet at the let property is a statutory term of the tenancy if regulations under section 7 of the 2016 Act specify that it is a term of the tenancy.)
Section 64B provides that a request for the landlord’s consent must be in writing and fulfil any other requirements specified in regulations. The landlord must notify the tenant within 30 days of the request as to whether the landlord consents or refuses to do so. If the consent is subject to conditions, these must be specified and be reasonable. If no such notice is given to the tenant, the landlord is deemed to have refused consent.
Section 64C provides that a tenant may appeal to the Tribunal against a consent condition on the grounds that it is unreasonable, a refusal of consent or a deemed refusal of consent. Before doing so, the tenant must give notice to the landlord.
Section 64D sets out the remedies available to the Tribunal when deciding an appeal.
Section 64E confers a power on the Scottish Ministers to make provision by regulations about when it is reasonable for a landlord to refuse consent to keep a pet. They must, as soon as reasonably practicable after the power becomes available to them to use (and after consulting in accordance with new section 64G of the 2016 Act), lay a draft instrument containing regulations before the Scottish Parliament and, if the draft instrument is approved by the Parliament, they must make the regulations.
Section 64F confers a power on the Scottish Ministers to make provision by regulations about when a consent condition on the keeping of a pet is reasonable. They must, as soon as reasonably practicable after the power becomes available to them to use (and after consulting in accordance with new section 64G of the 2016 Act), lay a draft instrument containing regulations before the Scottish Parliament and, if the draft instrument is approved by the Parliament, they must make the regulations.
Section 64G provides that, before laying draft regulations under section 64E and 64F, the Scottish Ministers must consult persons representing tenants and landlords.
109.Chapter 2 (making changes to let property) comprises sections 64H to 64O—
Section 64H provides that, where the right of a tenant to make changes to a let property is a statutory term of a PRT, the tenant may make a category 1 change without the landlord’s consent, and may make a category 2 change with the landlord’s consent and this consent cannot be unreasonably refused. The landlord’s consent to make a category 2 change may be subject to reasonable conditions. But if the tenancy allows the tenant to do so without consent, then no consent is required. (The right to make such changes to the let property is a statutory term of the tenancy if regulations under section 7 of the 2016 Act specify that it is a term of the tenancy.)
Section 64I provides that a request for the landlord’s consent must be in writing and fulfil any other requirements specified in regulations. The landlord must notify the tenant within 30 days of the request as to whether the landlord consents or refuses to do so. If the consent is subject to conditions, these must be specified and be reasonable. If no such notice is given to the tenant, the landlord is deemed to have refused consent.
Section 64J provides that a tenant may appeal to the Tribunal against a consent condition on the grounds that it is unreasonable, a refusal of consent or a deemed refusal of consent. Before doing so, the tenant must give notice to the landlord.
Section 64K sets out the remedies available to the Tribunal when deciding an appeal.
Section 64L confers a power on the Scottish Ministers to specify in regulations particular changes to let property under a private residential property, and that each must be categorised as either a category 1 change or a category 2 change. The regulations may specify that any such category does not apply to property of a particular type or description. The Scottish Ministers must, as soon as reasonably practicable after the power becomes available to them to use (and after consulting in accordance with new section 64O of the 2016 Act), lay a draft instrument containing regulations before the Scottish Parliament and, if the draft instrument is approved by the Parliament, they must make the regulations.
Section 64M confers a power on the Scottish Ministers to make provision about when it is reasonable for a landlord to refuse consent to make a change. The Scottish Ministers must, as soon as reasonably practicable after the power becomes available to them to use (and after consulting in accordance with new section 64O of the 2016 Act), lay a draft instrument containing regulations before the Scottish Parliament and, if the draft instrument is approved by the Parliament, they must make the regulations.
Section 64N gives a regulation-making power to the Scottish Ministers to make provision about when a consent condition on the making of a change is reasonable.
Section 64O provides that, before laying draft regulations under section 64L, 64M or 64N, the Scottish Ministers must consult persons representing tenants and landlords.
Section 36 - Scottish secure tenancies etc.: keeping pets
110.This section inserts section 31A to 31D, and Part 1A of schedule 5, into the 2001 Act—
Section 31A provides that it is a term of every Scottish secure tenancy that the tenant may keep a pet at the house with the landlord’s consent and this consent cannot be unreasonably withheld. But if the tenancy allows the tenant to do so without consent, no consent is required. Section 31A also says that the provisions in a new Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy.
Part 1A provides that where a landlord has consented the tenant may keep the pet at the house until the tenancy ends, but the landlord’s consent to keep the pet may be subject to reasonable conditions. It also provides that an application for the landlord’s consent must be in writing and fulfil any other requirements specified in regulations. The landlord must intimate its consent or refusal, and any conditions imposed, to the tenant within one month of the application. Any such conditions must be reasonable. If no such intimation is given the landlord is taken to have consented to the application.
Section 31B confers a power on the Scottish Ministers to make provision about when it is reasonable for a landlord to refuse consent to keep a pet. The Scottish Ministers must, as soon as reasonably practicable after the power becomes available to them to use (and after consulting in accordance with new section 31D of the 2001 Act), lay a draft instrument containing regulations before the Scottish Parliament and, if the draft instrument is approved by the Parliament, they must make the regulations.
Section 31C gives a regulation-making power to the Scottish Ministers to make provision about when a consent condition on the keeping of a pet is reasonable.
Section 31D provides that, before laying draft regulations under section 31B or 31C, the Scottish Ministers must consult persons representing tenants and landlords.
