The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017

Regulation 2

SCHEDULE PROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 1st DECEMBER 2017

Column 1 Provision of the 2016 Act	Column 2 Subject matter	Column 3 Purpose
Section 1	Meaning of private residential tenancy
Section 2	Interpretation of section 1 (of the 2016 Act)
Section 3	Writing not required to constitute private residential tenancy
Section 4	Extended meaning of tenancy in the 2016 Act
Section 5	Extended meaning of tenancy and related expressions in other enactments
Section 6	Power to modify schedule 1
Section 7	Statutory terms of tenancy	Insofar as not already in force
Section 9	Protection of terms allowing use of shared living accommodation
Section 10	Duty to provide written terms of tenancy
Section 13	Prohibition on charging for information
Section 14	Application to First-tier Tribunal to draw up terms
Section 15	First-tier Tribunal’s power to draw up terms
Section 16	First-tier Tribunal’s power to sanction failure to provide information
Section 17	Meaning of notice period in sections 14 and 16 (of the 2016 Act)	Insofar as not already in force
Section 18	Method by which rent may be increased
Section 19	Frequency with which rent may be increased
Section 20	No premiums, advance payments, etc.
Section 21	Restriction on diligence
Section 22	Landlord’s power to increase rent	Insofar as not already in force
Section 23	Modification of rent-increase notice by parties
Section 24	Tenant’s right to refer increase to rent officer	Insofar as not already in force
Section 25	Rent officer’s power to set rent
Section 26	Rent officer’s duty to issue provisional order
Section 27	Rent officer’s power to correct final order
Section 28	Right of appeal to First-tier Tribunal
Section 29	First-tier Tribunal’s power to set rent
Section 30	Finality of First-tier Tribunal’s decision
Section 31	Liability of over or under paid rent
Section 32	Determination of open market rent
Section 33	Withdrawal of referral or appeal
Section 34(1)	Duty to make information available
Section 35	Request by local authority that a zone be designated
Section 36	Scottish Ministers’ duty to react to request
Section 37	Power to designate a zone
Section 38	Restriction on rent increases within a zone
Section 39	Limits on power to designate a zone
Section 40	Procedure for designating a zone: consultation and information
Section 41	Power to change inflation index
Section 42	Rent officer’s power to allow rent rise in consequence of improvement
Section 43	Further provision about making and determining an application under section 42 (of the 2016 Act)	Insofar as not already in force
Section 44	No termination by parties except in accordance with Part 5 of the 2016 Act
Section 45	Landlord’s interest transfers with ownership of property
Section 46	Protection for sub-tenants
Section 47	Qualification of sub-tenant protection
Section 48	Tenant’s ability to bring tenancy to an end
Section 49	Requirements for notice to be given by tenant
Section 50	Termination by notice to leave and tenant leaving
Section 51	First-tier Tribunal’s power to issue an eviction order
Section 52	Applications for eviction orders and consideration of them
Section 53	First-tier Tribunal’s power to disapply protection for sub-tenants
Section 54	Restriction on applying during the notice period
Section 55	Restriction on applying 6 months after the notice period expires
Section 56	Restriction on applying without notifying local authority
Section 57	Wrongful termination by eviction order
Section 58	Wrongful termination without eviction order
Section 59	Wrongful-termination order
Section 60	Notice to local authority of wrongful-termination order
Section 61	(Requirements of) Sub-tenancy notice to leave	Insofar as not already in force
Section 62	Requirements of notice to leave and stated eviction ground	Insofar as not already in force
Section 63	Landlord includes lender in some cases
Section 64	Six month periods
Section 65	Termination of tenancy on tenant’s death
Section 66	Termination of joint tenant’s interest on death
Section 67	Partner’s entitlement to inherit
Section 68	Other family member’s entitlement to inherit
Section 69	Carer’s entitlement to inherit
Section 70	Interpretation of Part 6 of the 2016 Act
Section 71	First-tier Tribunal’s jurisdiction
Section 72	First-tier Tribunal’s duty to report unregistered landlords
Section 73	Minor errors in documents
Section 74	Consequential modifications	For the purpose of commencing paragraphs 1 to 4 and 6 to 11 of schedule 4
Section 75	Transitional provision
Schedule 1	Tenancies which cannot be private residential tenancies
Schedule 3	Eviction grounds
Schedule 4, paragraphs 1 to 4 and 6 to 11	Consequential modifications
Schedule 5	Transition from regimes under earlier enactments