Part 4Tenancies

Pre-action protocol in respect of evictions relating to rent arrears

I146Private residential tenancies: pre-action protocol

1

The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.

2

In paragraph 12 of schedule 3 (rent arrears)—

a

in sub-paragraph (4)—

i

the words from “whether the” to “benefit” become paragraph (a),

ii

after paragraph (a) insert “, and

b

the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.

b

after sub-paragraph (5) insert—

6

Regulations under sub-paragraph (4)(b) may make provision about—

a

information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy),

b

steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy,

c

such other matters as the Scottish Ministers consider appropriate.

3

In section 77(3) (regulation-making powers), after “41” insert “and paragraph 12(4)(b) of schedule 3”.