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Housing (Scotland) Act 1988
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25ZB 25ZC inserted (temp.) by S.S.I. 2024/89 reg. 3(1)(3)
- s. 66(1)(aa) and word inserted by 2001 asp 10 s. 50(2)(c)
- s. 66(2A) inserted by 2001 asp 10 s. 50(3)
- s. 66(5A) inserted by 2001 asp 10 s. 50(4)
- sch. 17 para. 19-26 repealed by 2014 asp 14 sch. 2 para. 5(4)
12 Assured tenancies.S
(1)A tenancy under which a house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
(a)the tenant or, as the case may be, at least one of the joint tenants is an individual; and
(b)the tenant or, as the case may be, at least one of the joint tenants occupies the house as his only or principal home; and
(c)the tenancy is not one which, by virtue of subsection [F1(1A) or] (2) below, cannot be an assured tenancy.
[F2(1A)A tenancy cannot be an assured tenancy if it is granted on or after [F31 December 2017] .]
(2)If and so long as a tenancy falls within any paragraph of Schedule 4 to this Act, it cannot be an assured tenancy; and in that Schedule “tenancy” means a tenancy under which a house is let as a separate dwelling.
[F4(3)Subsection (1) is subject to section 46A.]
Textual Amendments
F1Words in s. 12(1) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 1(2); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
F2S. 12(1A) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 1(3); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
F3Words in s. 12(1A) substituted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017 (S.S.I. 2017/346), regs. 1(1), 4(2)
F4S. 12(3) inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 3(2); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
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