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).