Part II

Rented Accommodation

Short assured tenancies

Short assured tenancies.
32
1
A short assured tenancy is an assured tenancy—
a
which is for a term of not less than six months; and
b
in respect of which a notice is served as mentioned in subsection (2) below.
2
The notice referred to in subsection (1)(b) above is one which—
a
is in such form as may be prescribed;
b
is served before the creation of the assured tenancy;
c
is served by the person who is to be the landlord under the assured tenancy (or, where there are to be joint landlords under the tenancy, is served by a person who is to be one of them) on the person who is to be the tenant under that tenancy; and
d
states that the assured tenancy to which it relates is to be a short assured tenancy.
3
Subject to subsection (4) below, if, at the finish of a short assured tenancy—
a
it continues by tacit relocation; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the continued tenancy ... shall be a short assured tenancy, whether or not it fulfils the conditions in paragraphs (a) and (b) of subsection (1) above.
4
Subsection (3) above does not apply if, before the beginning of the continuation of the tenancy ..., the landlord or, where there are joint landlords, any of them serves written notice in such form as may be prescribed on the tenant that the continued ... tenancy is not to be a short assured tenancy.
5
Section 25 above shall apply in relation to a short assured tenancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to a short assured tenancy.
Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335
Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
S. 32(3)(b) and word repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(a)(i); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
S. 32 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 3(1)(4) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2)
Words in s. 32(4) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(b)(i); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
Words in s. 32(4) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(b)(ii); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)
Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))
Words in s. 32(3) repealed (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 5 para. 2(2)(a)(ii); S.S.I. 2017/346, reg. 2, sch. (with reg. 6)