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Part 4STenancies

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

46Private residential tenancies: pre-action protocolS

(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”.

Commencement Information

I1S. 46 in force at 1.10.2022, see s. 59(1)