Part 4Tenancies
Saving and transitional provision
I148Tenancies: saving provision
1
In relation to a notice to leave (within the meaning of section 62 of the 2016 Act) served on a tenant before 1 October 2022—
a
the 2016 Act continues to apply in accordance with the modifications made by paragraph 1 of schedule 1 of the 2020 Act and paragraph 5 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
b
the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 5 of schedule 1 of the 2020 (No.2) Act),
c
the modifications made to the 2016 Act by sections 33 and 36 of this Act do not apply.
2
In relation to a notice served on a tenant under section 19 or 33(1)(d) of the 1988 Act before 1 October 2022—
a
the 1988 Act continues to apply in accordance with the modifications made by paragraph 3 of schedule 1 of the 2020 Act and paragraph 4 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
b
the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 4 of schedule 1 of the 2020 (No.2) Act),
c
the modifications made to the 1988 Act by sections 34 and 37 of this Act do not apply.
3
In relation to a notice served on a tenant in accordance with section 112(1) of the 1984 Act before 1 October 2022—
a
the 1984 Act continues to apply in accordance with the modifications made by paragraph 5 of schedule 1 of the 2020 Act (despite that paragraph’s expiry),
b
the modifications made to the 1984 Act by section 35 of this Act do not apply.
4
In this section—
“the 1984 Act” means the Rent (Scotland) Act 1984,
“the 1988 Act” means the Housing (Scotland) Act 1988,
“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
“the 2020 Act” means the Coronavirus (Scotland) Act 2020,
“the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
“the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).
I249Tenancies: transitional provision
1
The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).
2
They are deemed to have been made under the powers conferred by section 18(4A)(b) of the 1988 Act and paragraph 12(4)(b) of schedule 3 of the 2016 Act.
3
In the 2020 Regulations—
a
references to the pre-action requirements are to be read as references to the pre-action protocol,
b
the reference in regulation 3 to section 18(3C) is to be read as a reference to section 18(4A)(b),
c
the reference in regulation 4 to paragraph 12(3B) is to be read as a reference to paragraph 12(4)(b).
4
Nothing in this section affects the 2020 Regulations insofar as they continue to apply by virtue of section 48.
5
In this section—
“the 1988 Act” means the Housing (Scotland) Act 1988,
“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
“the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
“the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).