Private Housing (Tenancies) (Scotland) Act 2016

1. Introductory Text

2. PART 1 Private residential tenancy

   1. 1. Meaning of private residential tenancy

   2. 2. Interpretation of section 1

   3. 3. Writing not required to constitute private residential tenancy

   4. 4. Extended meaning of tenancy in this Act

   5. 5. Extended meaning of tenancy and related expressions in other enactments

   6. 6. Power to modify schedule 1

3. PART 1A Choice of tenant

   1. 6A. Offence of discriminating in relation to children

   2. 6B. Offence of discriminating in relation to benefits status

   3. 6C. Discriminatory terms relating to children or benefits status

   4. 6D. No prohibition on taking income into account

   5. 6E. Interpretation of Part 1A

4. PART 2 Tenancy terms

   1. 7. Statutory terms of tenancy

   2. 8. Regulations under section 7

   3. 9. Protection of terms allowing use of shared living accommodation

5. PART 3 Tenancy information

   1. Landlord's duties to provide information

      1. 10. Duty to provide written terms of tenancy

      2. 11. Duty to provide specified information

      3. 12. Regulations about providing information

      4. 13. Prohibition on charging for information

   2. First-tier Tribunal's powers

      1. 14. Application to First-tier Tribunal to draw up terms

      2. 15. First-tier Tribunal's power to draw up terms

      3. 16. First-tier Tribunal's power to sanction failure to provide information

      4. 17. Meaning of notice period in sections 14 and 16

   3. Information about rent to be included in advertisements

      1. 17A. Prospective landlords’ duty to include information about rent in advertisements: property is not exempt property

      2. 17B. Prospective landlords’ duty to include information about property in advertisements: exempt property

6. PART 4 Rent: properties not in a rent control area (or properties that are exempt properties)

   1. CHAPTER 1 Restrictions in relation to rent, other charges and diligence

      1. Application of this Part

         1. 17C. Application of this Part

         2. 17D. Meaning of “exempt property”

      2. Restrictions on rent increases

         1. 18. Method by which rent may be increased

         2. 19. Frequency with which rent may be increased

      3. Restrictions on other charges and diligence

         1. 20. No premiums, advance payments, etc.

         2. 21. Restriction on diligence

   2. CHAPTER 2 Rent variation instigated by landlord's notice

      1. Process by which rent may be varied

         1. 21A. Rent cap controls

         2. 22. Landlord's power to increase rent

         3. 23. Modification of rent-increase notice by parties

         4. 24. Tenant's right to refer increase to rent officer

         5. 25. Rent officer's power to set rent

         6. 26. Rent officer's duty to issue provisional order

         7. 27. Rent officer's power to correct final order

         8. 28. Right of appeal to First-tier Tribunal

         9. 29. First-tier Tribunal's power to set rent

         10. 30. Finality of First-tier Tribunal's decision

         11. 31. Liability for over or under paid rent

         12. 31A. Determination of rent payable

         13. 32. Determination of open market rent

         14. 33. Withdrawal of referral or appeal

      2. ...

         1. 33ZA. Power to modify Chapter 2

   3. Chapter 2A Rent variation instigated by landlord’s application to rent officer

      1. 33A. Landlord application to rent officer to increase rent above permitted rate

      2. 33B. Rent officer’s power to apply rent increase above permitted rate

      3. 33C. Appeal to the First-tier Tribunal

      4. 33D. Withdrawal or dismissal of appeal to the First-tier Tribunal

      5. 33E. Finality of First-tier Tribunal’s decision

      6. 33F. Powers to adjust maximum amount of increased costs by which rent may be increased

      7. 33G. Liability for underpaid rent

      8. Information about open market rent determinations

         1. 34. Duty to make information available

      9. ...

         1. 34A. Power to modify Chapter

   4. ... Chapter 3

7. Part 4A Rent: properties in a rent control area (other than exempt properties)

   1. Chapter 1 Initial provisions and restrictions in relation to rent etc.

      1. Application of this Part

         1. 43A. Application of this Part

      2. Key definitions in this Part

         1. 43B. Meaning of property that is “previously let” and the “immediately preceding tenancy”

         2. 43C. Meaning of “relevant rent increase”

         3. 43D. Meaning of “permitted rate”

         4. 43E. Meaning of “permitted rate”: further provision

         5. 43F. Meaning of other terms

      3. Restriction on setting of initial rent by landlord

         1. 43G. Restriction on setting of initial rent by landlord

      4. Restrictions on rent increases

         1. 43H. Method by which rent may be increased

         2. 43I. Frequency with which rent may be increased

      5. Restrictions on other charges and diligence

         1. 43J. No premiums, advance payments, etc.

         2. 43K. Restriction on diligence

   2. Chapter 2 rent variation instigated by landlord’s notice

      1. Rent-increase notice given by landlord

         1. 43L. Landlord’s power to increase rent by no more than the permitted rate

         2. 43M. Modification of rent-increase notice by parties

      2. Tenant’s referral of rent-increase notice to rent officer

         1. 43N. Tenant’s right to refer rent-increase notice to rent officer

         2. 43O. Rent officer’s power to set rent

         3. 43P. Rent officer’s power to correct order

         4. 43Q. Right of review to another rent officer

         5. 43R. Other rent officer’s power to set rent

      3. Tenant’s application to First-tier Tribunal relating to rent-increase notice

         1. 43S. Tenant's right to apply to First-tier Tribunal in relation to rent-increase notice

         2. 43T. First-tier Tribunal’s powers on an application under section 43S(1)

      4. Matters arising from referral to rent officer or application to First-tier Tribunal

         1. 43U. Tenant’s liability for underpaid rent

         2. 43V. Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal

   3. Chapter 3 Power of First-tier Tribunal to require landlords to pay penalty or compensation

      1. 43W. Power of First-tier Tribunal to require landlords to pay penalty or compensation

8. PART 5 Termination

   1. CHAPTER 1 Security of tenure

      1. 44. No termination by parties except in accordance with this Part

      2. 45. Landlord's interest transfers with ownership of property

      3. 46. Protection for sub-tenants

      4. 47. Qualification of sub-tenant protection

   2. CHAPTER 2 Termination by tenant

      1. 48. Tenant's ability to bring tenancy to an end

      2. 48A. Pre-notice to be given to other joint tenants

      3. 49. Requirements for notice to be given by tenant

   3. CHAPTER 3 Termination at landlord's instigation

      1. Consensual termination

         1. 50. Termination by notice to leave and tenant leaving

      2. Eviction order

         1. 51. First-tier Tribunal's power to issue an eviction order

         2. 52. Applications for eviction orders and consideration of them

         3. 53. First-tier Tribunal's power to disapply protection for sub-tenants

      3. Restrictions on applying for eviction order

         1. 54. Restriction on applying during the notice period

         2. 55. Restriction on applying 6 months after the notice period expires

         3. 56. Restriction on applying without notifying local authority

      4. Wrongful termination

         1. 57. Wrongful termination by eviction order

         2. 58. Wrongful termination without eviction order

         3. 59. Wrongful-termination order

         4. 60. Notice to local authority of wrongful-termination order

      5. Sub-tenancies

         1. 61. Sub-tenancy notice to leave

   4. CHAPTER 4 Interpretation of Part

      1. 62. Meaning of notice to leave and stated eviction ground

      2. 63. Landlord includes lender in some cases

      3. 64. Six month periods

9. Part 5A keeping pets and making changes to let property

   1. Chapter 1 Keeping pets

      1. 64A. Tenant’s right to keep a pet

      2. 64B. Consent to keep a pet

      3. 64C. Restrictions on keeping a pet: right of appeal

      4. 64D. Restrictions on keeping a pet: decisions on appeal

      5. 64E. Power to make provision about when it is reasonable to refuse consent to keep a pet

      6. 64F. Power to make provision about when a consent condition for keeping a pet is reasonable

      7. 64G. Regulations under sections 64E and 64F: consultation

   2. Chapter 2 Making changes to let property

      1. 64H. Tenant’s right to make changes to let property

      2. 64I. Consent for category 2 changes

      3. 64J. Restrictions on category 2 changes: right of appeal

      4. 64K. Restrictions on category 2 changes: decisions on appeal

      5. 64L. Power to specify changes to a let property that may be made by the tenant

      6. 64M. Power to make provision about when it is reasonable to refuse consent for a category 2 change

      7. 64N. Power to make provision about when a consent condition for a category 2 change is reasonable

      8. 64O. Regulations under sections 64L, 64M and 64N: consultation

10. PART 6 Death of the tenant

    1. 65. Termination of tenancy on tenant's death

    2. 66. Termination of joint tenant's interest on death

    3. 67. Partner's entitlement to inherit

    4. 68. Other family member's entitlement to inherit

    5. 69. Carer's entitlement to inherit

    6. 70. Interpretation of Part

11. PART 7 Miscellaneous provisions

    1. 71. First-tier Tribunal's jurisdiction

    2. 72. First-tier Tribunal's duty to report unregistered landlords

    3. 73. Minor errors in documents

12. PART 8 Consequential and transitional provision

    1. 74. Consequential modifications

    2. 75. Transitional provision

13. PART 9 Final provisions

    1. 75A. Crown application

    2. 76. Ancillary regulations

    3. 77. Regulation-making powers

    4. 78. Interpretation

    5. 79. Commencement

    6. 80. Short title

14. 1. SCHEDULE 1

       TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

       1. Low rent

          1. 1. (1) A tenancy cannot be a private residential tenancy if—...

       2. Shop

          1. 2. A tenancy cannot be a private residential tenancy if it...

       3. Licensed premises

          1. 3. A tenancy cannot be a private residential tenancy if it...

       4. Agricultural land

          1. 4. (1) A tenancy cannot be a private residential tenancy if...

       5. Student let

          1. 5. (1) A tenancy cannot be a private residential tenancy if—...

       6. Holiday let

          1. 6. (1) A tenancy cannot be a private residential tenancy if...

       7. Resident landlord

          1. 7. A tenancy cannot be a private residential tenancy if paragraph...

          2. 8. This paragraph applies to a tenancy if—

          3. 9. (1) This paragraph applies to a tenancy if sub-paragraphs (2)...

          4. 10. If, at any time, the landlord holds the landlord's interest...

          5. 11. In a case where two or more persons jointly are...

       8. Police housing

          1. 12. A tenancy cannot be a private residential tenancy if the...

       9. Military housing

          1. 13. A tenancy cannot be a private residential tenancy if the...

       10. Social housing

           1. 14. A tenancy cannot be a private residential tenancy if the...

       11. Sublet, assigned, etc. social housing

           1. 15. A tenancy cannot be a private residential tenancy if it...

       12. Homeless persons

           1. 16. A tenancy cannot be a private residential tenancy if it...

       13. Persons on probation or released from prison etc.

           1. 17. A tenancy cannot be a private residential tenancy if it...

       14. Asylum seekers

           1. 18. A tenancy cannot be a private residential tenancy if the...

       15. Displaced persons

           1. 19. A tenancy cannot be a private residential tenancy if the...

       16. Shared ownership

           1. 20. A tenancy cannot be a private residential tenancy if it...

       17. Tenancies under previous legislation

           1. 21. A tenancy cannot be a private residential tenancy if it...

       18. Accommodation for veterans and care leavers

           1. 22. (1) A tenancy cannot be a private residential tenancy if...

    2. SCHEDULE 2

       STATUTORY TERMS REQUIRED BY SECTION 8

       1. Rent receipts

          1. 1. Where any payment of rent is made in cash, the...

       2. Rent increases

          1. 2. The rent may be increased — (a) in accordance with...

       3. Notification about other residents

          1. 3. If a person aged 16 or over (who is not...

          2. 4. If— (a) in accordance with the term specified in paragraph...

       4. Subletting etc.

          1. 5. The tenant may not, without the written agreement of the...

       5. Access for repairs etc.

          1. 6. The tenant is to allow reasonable access to the let...

          2. 7. (1) The following are authorised purposes— (a) carrying out any...

          3. 8. The tenant is to allow reasonable use of facilities within...

          4. 9. The tenant may keep pets at the let property in...

          5. 10. The tenant may make changes to the let property in...

    3. SCHEDULE 3

       EVICTION GROUNDS

       1. PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

          1. Landlord intends to sell

             1. 1. (1) It is an eviction ground that the landlord intends...

             2. 1A. Landlord intends to sell property to alleviate financial hardship

          2. Property to be sold by lender

             1. 2. (1) It is an eviction ground that a lender intends...

          3. Landlord intends to refurbish

             1. 3. (1) It is an eviction ground that the landlord intends...

          4. Landlord intends to live in property

             1. 4. (1) It is an eviction ground that the landlord intends...

             2. 4A. Landlord intends to live in property to alleviate financial hardship

          5. Family member intends to live in property

             1. 5. (1) It is an eviction ground that a member of...

          6. Landlord intends to use for non-residential purpose

             1. 6. (1) It is an eviction ground that the landlord intends...

          7. Property required for religious purpose

             1. 7. (1) It is an eviction ground that the let property...

       2. PART 2 TENANT'S STATUS

          1. Not an employee

             1. 8. (1) It is an eviction ground that the tenancy was...

          2. No longer in need of supported accommodation

             1. 9. (1) It is an eviction ground that the tenancy was...

       3. PART 3 TENANT'S CONDUCT

          1. Not occupying let property

             1. 10. (1) It is an eviction ground that the tenant is...

          2. Breach of tenancy agreement

             1. 11. (1) It is an eviction ground that the tenant has...

          3. Rent arrears

             1. 12. (1) It is an eviction ground that the tenant has...

             2. 12A. Substantial rent arrears

          4. Criminal behaviour

             1. 13. (1) It is an eviction ground that the tenant has...

          5. Anti-social behaviour

             1. 14. (1) It is an eviction ground that the tenant has...

          6. Association with person who has relevant conviction or engaged in relevant anti-social behaviour

             1. 15. (1) It is an eviction ground that the tenant associates...

       4. PART 4 LEGAL IMPEDIMENT TO LET CONTINUING

          1. Landlord has ceased to be registered

             1. 16. (1) It is an eviction ground that the landlord is...

          2. HMO licence has been revoked

             1. 17. (1) It is an eviction ground that the let property...

          3. Overcrowding statutory notice

             1. 18. (1) It is an eviction ground that an overcrowding statutory...

    4. SCHEDULE 4

       CONSEQUENTIAL MODIFICATIONS

       1. Land Tenure Reform (Scotland) Act 1974

          1. 1. After section 8(3) of the Land Tenure Reform (Scotland) Act...

       2. Rent (Scotland) Act 1984

          1. 2. (1) The Rent (Scotland) Act 1984 is amended as follows....

       3. Bankruptcy (Scotland) Act 1985

          1. 3. In section 31(9) of the Bankruptcy (Scotland) Act 1985, after...

       4. Housing (Scotland) Act 1987

          1. 4. (1) The Housing (Scotland) Act 1987 is amended as follows....

       5. Social Security Contributions and Benefits Act 1992

          1. 5. In section 130C(2) of the Social Security Contributions and Benefits...

       6. Requirements of Writing (Scotland) Act 1995

          1. 6. After section 1(7) of the Requirements of Writing (Scotland) Act...

       7. Housing (Scotland) Act 2001

          1. 7. (1) The Housing (Scotland) Act 2001 is amended as follows....

       8. Homelessness etc. (Scotland) Act 2003

          1. 8. In section 11(5) of the Homelessness etc. (Scotland) Act 2003,...

       9. Housing (Scotland) Act 2006

          1. 9. (1) The Housing (Scotland) Act 2006 is amended as follows....

       10. Bankruptcy and Diligence etc. (Scotland) Act 2007

           1. 10. (1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is...

       11. Housing (Scotland) Act 2014

           1. 11. In section 94(1) of the Housing (Scotland) Act 2014, after...

    5. SCHEDULE 5

       TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

       1. PART 1 NO NEW ASSURED TENANCIES

          1. No new assured tenancies

             1. 1. (1) Section 12 of the Housing (Scotland) Act 1988 is...

          2. No new short assured tenancies

             1. 2. (1) The Housing (Scotland) Act 1988 is amended as follows....

       2. PART 2 CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

          1. Change of tenancy status by agreement

             1. 3. (1) The Housing (Scotland) Act 1988 is amended as follows....

          2. Change of tenancy status on succession

             1. 4. After section 3A of the Rent (Scotland) Act 1984 there...

             2. 5. After section 31 of the Housing (Scotland) Act 1988 there...