The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017

Scottish Statutory Instruments

2017 No. 293 (C. 21)

Housing

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017

Made

12th September 2017

Laid before the Scottish Parliament

14th September 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 79(2) and (3) of the Private Housing (Tenancies) (Scotland) Act 2016(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 and come into force on 1st December 2017.

(2) In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is specified in column 2 of that table) is 1st December 2017.

(2) Where a purpose is specified in column 3 of the table in the schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.

Saving provision

3.  Despite the amendment of sections 32 and 33 of the Housing (Scotland) Act 1988 (“the 1988 Act”)(2) by section 75 and paragraph 2 of schedule 5 of the Act, those sections have effect on and after 1st December 2017 as they had effect immediately before that date but only in relation to—

(a) a short assured tenancy (within the meaning given in section 32(1) of the 1988 Act) which was created before 1st December 2017 and continues in existence on that date;

(b) a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which came into being before 1st December 2017 and continues in existence on that date; and

(c) a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which comes into being after 1st December 2017 at the ish of a short assured tenancy which is a short assured tenancy in a case mentioned in paragraph (a) or (b).

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th September 2017

Regulation 2

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

Column 1 Provision of the Act	Column 2 Subject matter	Column 3 Purpose
Section 1	Meaning of private residential tenancy
Section 2	Interpretation of section 1 (of the Act)
Section 3	Writing not required to constitute private residential tenancy
Section 4	Extended meaning of tenancy in the 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 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 Act)	Insofar as not already in force
Section 44	No termination by parties except in accordance with Part 5 of the 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 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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force particular sections of the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”).

Regulation 2(1) and the schedule bring into force on 1st December 2017, sections 1 to 6, 9 and 10, 13 to 16, 18 to 21, 23, 25 to 33, 34(1), 35 to 42, 44 to 60, 63 to 75. Sections 7, 17, 22, 24, 43, 61 and 62 are commenced insofar as not already in force. Schedules 1, 3 and 5 are commenced. Schedule 4 is commenced under exception of paragraph 5. Paragraph 5 is not being commenced as it is a consequential amendment to section 130B of the Social Security Contributions and Benefits Act 1992 (which ceased to have effect on 1st April 2013) which is not required.

Regulation 3 is a saving provision in relation to short assured tenancies which have been entered into prior to 1st December 2017 and, in certain circumstances, entered into on or after 1st December 2017.

The Bill for the Private Housing (Tenancies) (Scotland) Act 2016 received Royal Assent on 22nd April 2016. Section 79(1) of the Act brought into force sections 76, 77, 78, 79 and 80 on the following day.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Private Housing (Tenancies) (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	Instrument No.
Section 7 (partially)	31st October 2016	S.S.I. 2016/298
Section 8	31st October 2016	S.S.I. 2016/298
Section 11	31st October 2016	S.S.I. 2016/298
Section 12	31st October 2016	S.S.I. 2016/298
Section 17 (partially)	31st October 2016	S.S.I. 2016/298
Section 22 (partially)	31st October 2016	S.S.I. 2016/298
Section 24 (partially)	31st October 2016	S.S.I. 2016/298
Section 34(2)	31st October 2016	S.S.I. 2016/298
Section 43 (partially)	31st October 2016	S.S.I. 2016/298
Section 61 (partially)	31st October 2016	S.S.I. 2016/298
Section 62 (partially)	31st October 2016	S.S.I. 2016/298
Schedule 2	31st October 2016	S.S.I. 2016/298

(1)

2016 asp 19.

(2)

1988 c.43. Section 32 is amended by schedule 5, Part 1, paragraph 2(2) of the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”). Section 33 is amended by section 34 of the Private Rented Housing (Scotland) Act 2011 (asp 14), schedule 1, Part 1, paragraph 44 of the Housing (Scotland) Act 2014 (asp 14) and schedule 5, Part 1, paragraph 2(3) of the 2016 Act.