Private Housing (Tenancies) (Scotland) Act 2016
PART 1Private residential tenancy
1Meaning of private residential tenancy
2Interpretation of section 1
3Writing not required to constitute private residential tenancy
4Extended meaning of tenancy in this Act
5Extended meaning of tenancy and related expressions in other enactments
6Power to modify schedule 1
PART 2Tenancy terms
7Statutory terms of tenancy
8Regulations under section 7
9Protection of terms allowing use of shared living accommodation
PART 3Tenancy information
Landlord’s duties to provide information
10Duty to provide written terms of tenancy
11Duty to provide specified information
12Regulations about providing information
13Prohibition on charging for information
First-tier Tribunal’s powers
14Application to First-tier Tribunal to draw up terms
15First-tier Tribunal’s power to draw up terms
16First-tier Tribunal’s power to sanction failure to provide information
17Meaning of notice period in sections 14 and 16
PART 4Rent
CHAPTER 1Restrictions in relation to rent, other charges and diligence
Restrictions on rent increases
18Method by which rent may be increased
19Frequency with which rent may be increased
Restrictions on other charges and diligence
20No premiums, advance payments, etc.
21Restriction on diligence
CHAPTER 2Rent variation instigated by landlord’s notice
Process by which rent may be varied
22Landlord’s power to increase rent
23Modification of rent-increase notice by parties
24Tenant’s right to refer increase to rent officer
25Rent officer’s power to set rent
26Rent officer’s duty to issue provisional order
27Rent officer’s power to correct final order
28Right of appeal to First-tier Tribunal
29First-tier Tribunal’s power to set rent
30Finality of First-tier Tribunal’s decision
31Liability for over or under paid rent
32Determination of open market rent
33Withdrawal of referral or appeal
Information about open market rent determinations
34Duty to make information available
CHAPTER 3Rent pressure zones
Designation and effect of rent pressure zone
35Request by local authority that a zone be designated
36Scottish Ministers’ duty to react to request
37Power to designate a zone
38Restriction on rent increases within a zone
39Limits on power to designate a zone
40Procedure for designating a zone: consultation and information
41Power to change inflation index
Improvements to let property
42Rent officer’s power to allow rent rise in consequence of improvement
43Further provision about making and determining an application under section 42
PART 5Termination
CHAPTER 1Security of tenure
44No termination by parties except in accordance with this Part
45Landlord’s interest transfers with ownership of property
46Protection for sub-tenants
47Qualification of sub-tenant protection
CHAPTER 2Termination by tenant
48Tenant’s ability to bring tenancy to an end
49Requirements for notice to be given by tenant
CHAPTER 3Termination at landlord’s instigation
Consensual termination
50Termination by notice to leave and tenant leaving
Eviction order
51First-tier Tribunal’s power to issue an eviction order
52Applications for eviction orders and consideration of them
53First-tier Tribunal’s power to disapply protection for sub-tenants
Restrictions on applying for eviction order
54Restriction on applying during the notice period
55Restriction on applying 6 months after the notice period expires
56Restriction on applying without notifying local authority
Wrongful termination
57Wrongful termination by eviction order
58Wrongful termination without eviction order
59Wrongful-termination order
60Notice to local authority of wrongful-termination order
Sub-tenancies
61Sub-tenancy notice to leave
CHAPTER 4Interpretation of Part
62Meaning of notice to leave and stated eviction ground
63Landlord includes lender in some cases
64Six month periods
PART 6Death of the tenant
65Termination of tenancy on tenant’s death
66Termination of joint tenant’s interest on death
67Partner’s entitlement to inherit
68Other family member’s entitlement to inherit
69Carer’s entitlement to inherit
70Interpretation of Part
PART 7Miscellaneous provisions
71First-tier Tribunal’s jurisdiction
72First-tier Tribunal’s duty to report unregistered landlords
73Minor errors in documents
PART 8Consequential and transitional provision
74Consequential modifications
75Transitional provision
PART 9Final provisions
76Ancillary regulations
77Regulation-making powers
78Interpretation
79Commencement
80Short title
SCHEDULE 1TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES
1Low rent
2Shop
3Licensed premises
4Agricultural land
5Student let
6Holiday let
7Resident landlord
8This paragraph applies to a tenancy if—
9(1) This paragraph applies to a tenancy if sub-paragraphs (2)...
10If, at any time, the landlord holds the landlord’s interest...
11In a case where two or more persons jointly are...
12Police housing
13Military housing
14Social housing
15Sublet, assigned, etc. social housing
16Homeless persons
17Persons on probation or released from prison etc.
18Asylum seekers
19Displaced persons
20Shared ownership
21Tenancies under previous legislation
SCHEDULE 2STATUTORY TERMS REQUIRED BY SECTION 8
1Rent receipts
2Rent increases
3Notification about other residents
4If— (a) in accordance with the term specified in paragraph...
5Subletting etc.
6Access for repairs etc.
7(1) The following are authorised purposes— (a) carrying out any...
8The tenant is to allow reasonable use of facilities within...
SCHEDULE 3EVICTION GROUNDS
PART 1LET PROPERTY REQUIRED FOR ANOTHER PURPOSE
1Landlord intends to sell
2Property to be sold by lender
3Landlord intends to refurbish
4Landlord intends to live in property
5Family member intends to live in property
6Landlord intends to use for non-residential purpose
7Property required for religious purpose
PART 2TENANT’S STATUS
8Not an employee
9No longer in need of supported accommodation
PART 3TENANT’S CONDUCT
10Not occupying let property
11Breach of tenancy agreement
12Rent arrears
13Criminal behaviour
14Anti-social behaviour
15Association with person who has relevant conviction or engaged in relevant anti-social behaviour
PART 4LEGAL IMPEDIMENT TO LET CONTINUING
16Landlord has ceased to be registered
17HMO licence has been revoked
18Overcrowding statutory notice
SCHEDULE 4CONSEQUENTIAL MODIFICATIONS
1Land Tenure Reform (Scotland) Act 1974
2Rent (Scotland) Act 1984
3Bankruptcy (Scotland) Act 1985
4Housing (Scotland) Act 1987
5Social Security Contributions and Benefits Act 1992
6Requirements of Writing (Scotland) Act 1995
7Housing (Scotland) Act 2001
8Homelessness etc. (Scotland) Act 2003
9Housing (Scotland) Act 2006
10Bankruptcy and Diligence etc. (Scotland) Act 2007
11Housing (Scotland) Act 2014
SCHEDULE 5TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS
PART 1NO NEW ASSURED TENANCIES
1No new assured tenancies
2No new short assured tenancies
PART 2CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES
3Change of tenancy status by agreement
4Change of tenancy status on succession
5After section 31 of the Housing (Scotland) Act 1988 there...

Private Housing (Tenancies) (Scotland) Act 2016

2016 asp 19

An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.