The Private Rented Housing (Scotland) Act 2011 (Commencement No. 5 and Transitional Provision) Order 2013

This Order brings section 33, insofar as it is not already in force, of the Private Rented Housing (Scotland) Act 2011 (“the 2011 Act”) into force on 1st May 2013. The section was partially commenced but only for the purpose of enabling the Scottish Ministers to specify documents and make provision by order.

Section 33 of the 2011 Act inserts two new sections, 30A and 30B into the Housing (Scotland) Act 1988 (c.43). Section 30A makes it the duty of a person who is to be the landlord under an assured tenancy to provide the person who is to be the tenant with such documents as are prescribed under section 30B. Failure to provide the documents without reasonable excuse is a criminal offence. Section 30B sets out the types of document that may be prescribed.

Article 3 provides that the commencement of the duty will not have any effect in relation to tenancies which have been created before the date on which the new sections come into force.

The Bill for the 2011 Act received Royal Assent on 20th April 2011. Part 5 of the 2011 Act (sections 38 to 41: general provisions) came into force the following day.