Search Legislation

Advanced Search

Private Housing (Tenancies) (Scotland) Act 2016

Changes to legislation:

There are currently no known outstanding effects for the Private Housing (Tenancies) (Scotland) Act 2016. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1 Private residential tenancy

    1. 1.Meaning of private residential tenancy

    2. 2.Interpretation of section 1

    3. 3.Writing not required to constitute private residential tenancy

    4. 4.Extended meaning of tenancy in this Act

    5. 5.Extended meaning of tenancy and related expressions in other enactments

    6. 6.Power to modify schedule 1

  3. PART 2 Tenancy terms

    1. 7.Statutory terms of tenancy

    2. 8.Regulations under section 7

    3. 9.Protection of terms allowing use of shared living accommodation

  4. PART 3 Tenancy information

    1. Landlord's duties to provide information

      1. 10.Duty to provide written terms of tenancy

      2. 11.Duty to provide specified information

      3. 12.Regulations about providing information

      4. 13.Prohibition on charging for information

    2. First-tier Tribunal's powers

      1. 14.Application to First-tier Tribunal to draw up terms

      2. 15.First-tier Tribunal's power to draw up terms

      3. 16.First-tier Tribunal's power to sanction failure to provide information

      4. 17.Meaning of notice period in sections 14 and 16

  5. PART 4 Rent

    1. CHAPTER 1 Restrictions in relation to rent, other charges and diligence

      1. Restrictions on rent increases

        1. 18.Method by which rent may be increased

        2. 19.Frequency with which rent may be increased

      2. Restrictions on other charges and diligence

        1. 20.No premiums, advance payments, etc.

        2. 21.Restriction on diligence

    2. CHAPTER 2 Rent variation instigated by landlord's notice

      1. Process by which rent may be varied

        1. 21A.Rent cap controls

        2. 22.Landlord's power to increase rent

        3. 23.Modification of rent-increase notice by parties

        4. 24.Tenant's right to refer increase to rent officer

        5. 25.Rent officer's power to set rent

        6. 26.Rent officer's duty to issue provisional order

        7. 27.Rent officer's power to correct final order

        8. 28.Right of appeal to First-tier Tribunal

        9. 29.First-tier Tribunal's power to set rent

        10. 30.Finality of First-tier Tribunal's decision

        11. 31.Liability for over or under paid rent

        12. 31A.Determination of rent payable

        13. 32.Determination of open market rent

        14. 33.Withdrawal of referral or appeal

      2. Power to modify Chapter 2

        1. 33ZA.Power to modify Chapter 2

    3. Chapter 2A Rent variation instigated by landlord’s application to rent officer

      1. 33A.Landlord application to rent officer to increase rent above permitted rate

      2. 33B.Rent officer’s power to apply rent increase above permitted rate

      3. 33C.Appeal to the First-tier Tribunal

      4. 33D.Withdrawal or dismissal of appeal to the First-tier Tribunal

      5. 33E.Finality of First-tier Tribunal’s decision

      6. 33F.Powers to adjust maximum amount of increased costs by which rent may be increased

      7. 33G.Liability for underpaid rent

      8. Information about open market rent determinations

        1. 34.Duty to make information available

      9. ...

        1. 34A.Power to modify Chapter

    4. CHAPTER 3 Rent pressure zones

      1. Designation and effect of rent pressure zone

        1. 35.Request by local authority that a zone be designated

        2. 36.Scottish Ministers' duty to react to request

        3. 37.Power to designate a zone

        4. 38.Restriction on rent increases within a zone

        5. 39.Limits on power to designate a zone

        6. 40.Procedure for designating a zone: consultation and information

        7. 41.Power to change inflation index

      2. Improvements to let property

        1. 42.Rent officer's power to allow rent rise in consequence of improvement

        2. 43.Further provision about making and determining an application under section 42

  6. PART 5 Termination

    1. CHAPTER 1 Security of tenure

      1. 44.No termination by parties except in accordance with this Part

      2. 45.Landlord's interest transfers with ownership of property

      3. 46.Protection for sub-tenants

      4. 47.Qualification of sub-tenant protection

    2. CHAPTER 2 Termination by tenant

      1. 48.Tenant's ability to bring tenancy to an end

      2. 49.Requirements for notice to be given by tenant

    3. CHAPTER 3 Termination at landlord's instigation

      1. Consensual termination

        1. 50.Termination by notice to leave and tenant leaving

      2. Eviction order

        1. 51.First-tier Tribunal's power to issue an eviction order

        2. 52.Applications for eviction orders and consideration of them

        3. 53.First-tier Tribunal's power to disapply protection for sub-tenants

      3. Restrictions on applying for eviction order

        1. 54.Restriction on applying during the notice period

        2. 55.Restriction on applying 6 months after the notice period expires

        3. 56.Restriction on applying without notifying local authority

      4. Wrongful termination

        1. 57.Wrongful termination by eviction order

        2. 58.Wrongful termination without eviction order

        3. 59.Wrongful-termination order

        4. 60.Notice to local authority of wrongful-termination order

      5. Sub-tenancies

        1. 61.Sub-tenancy notice to leave

    4. CHAPTER 4 Interpretation of Part

      1. 62.Meaning of notice to leave and stated eviction ground

      2. 63.Landlord includes lender in some cases

      3. 64.Six month periods

  7. PART 6 Death of the tenant

    1. 65.Termination of tenancy on tenant's death

    2. 66.Termination of joint tenant's interest on death

    3. 67.Partner's entitlement to inherit

    4. 68.Other family member's entitlement to inherit

    5. 69.Carer's entitlement to inherit

    6. 70.Interpretation of Part

  8. PART 7 Miscellaneous provisions

    1. 71.First-tier Tribunal's jurisdiction

    2. 72.First-tier Tribunal's duty to report unregistered landlords

    3. 73.Minor errors in documents

  9. PART 8 Consequential and transitional provision

    1. 74.Consequential modifications

    2. 75.Transitional provision

  10. PART 9 Final provisions

    1. 76.Ancillary regulations

    2. 77.Regulation-making powers

    3. 78.Interpretation

    4. 79.Commencement

    5. 80.Short title

    1. SCHEDULE 1

      TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

      1. Low rent

        1. 1.(1) A tenancy cannot be a private residential tenancy if—...

      2. Shop

        1. 2.A tenancy cannot be a private residential tenancy if it...

      3. Licensed premises

        1. 3.A tenancy cannot be a private residential tenancy if it...

      4. Agricultural land

        1. 4.(1) A tenancy cannot be a private residential tenancy if...

      5. Student let

        1. 5.(1) A tenancy cannot be a private residential tenancy if—...

      6. Holiday let

        1. 6.(1) A tenancy cannot be a private residential tenancy if...

      7. Resident landlord

        1. 7.A tenancy cannot be a private residential tenancy if paragraph...

        2. 8.This paragraph applies to a tenancy if—

        3. 9.(1) This paragraph applies to a tenancy if sub-paragraphs (2)...

        4. 10.If, at any time, the landlord holds the landlord's interest...

        5. 11.In a case where two or more persons jointly are...

      8. Police housing

        1. 12.A tenancy cannot be a private residential tenancy if the...

      9. Military housing

        1. 13.A tenancy cannot be a private residential tenancy if the...

      10. Social housing

        1. 14.A tenancy cannot be a private residential tenancy if the...

      11. Sublet, assigned, etc. social housing

        1. 15.A tenancy cannot be a private residential tenancy if it...

      12. Homeless persons

        1. 16.A tenancy cannot be a private residential tenancy if it...

      13. Persons on probation or released from prison etc.

        1. 17.A tenancy cannot be a private residential tenancy if it...

      14. Asylum seekers

        1. 18.A tenancy cannot be a private residential tenancy if the...

      15. Displaced persons

        1. 19.A tenancy cannot be a private residential tenancy if the...

      16. Shared ownership

        1. 20.A tenancy cannot be a private residential tenancy if it...

      17. Tenancies under previous legislation

        1. 21.A tenancy cannot be a private residential tenancy if it...

      18. Accommodation for veterans and care leavers

        1. 22.(1) A tenancy cannot be a private residential tenancy if...

    2. SCHEDULE 2

      STATUTORY TERMS REQUIRED BY SECTION 8

      1. Rent receipts

        1. 1.Where any payment of rent is made in cash, the...

      2. Rent increases

        1. 2.The rent may be increased in accordance with Chapter 2...

      3. Notification about other residents

        1. 3.If a person aged 16 or over (who is not...

        2. 4.If— (a) in accordance with the term specified in paragraph...

      4. Subletting etc.

        1. 5.The tenant may not, without the written agreement of the...

      5. Access for repairs etc.

        1. 6.The tenant is to allow reasonable access to the let...

        2. 7.(1) The following are authorised purposes— (a) carrying out any...

        3. 8.The tenant is to allow reasonable use of facilities within...

    3. SCHEDULE 3

      EVICTION GROUNDS

      1. PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

        1. Landlord intends to sell

          1. 1.(1) It is an eviction ground that the landlord intends...

          2. 1A.Landlord intends to sell property to alleviate financial hardship

        2. Property to be sold by lender

          1. 2.(1) It is an eviction ground that a lender intends...

        3. Landlord intends to refurbish

          1. 3.(1) It is an eviction ground that the landlord intends...

        4. Landlord intends to live in property

          1. 4.(1) It is an eviction ground that the landlord intends...

          2. 4A.Landlord intends to live in property to alleviate financial hardship

        5. Family member intends to live in property

          1. 5.(1) It is an eviction ground that a member of...

        6. Landlord intends to use for non-residential purpose

          1. 6.(1) It is an eviction ground that the landlord intends...

        7. Property required for religious purpose

          1. 7.(1) It is an eviction ground that the let property...

      2. PART 2 TENANT'S STATUS

        1. Not an employee

          1. 8.(1) It is an eviction ground that the tenancy was...

        2. No longer in need of supported accommodation

          1. 9.(1) It is an eviction ground that the tenancy was...

      3. PART 3 TENANT'S CONDUCT

        1. Not occupying let property

          1. 10.(1) It is an eviction ground that the tenant is...

        2. Breach of tenancy agreement

          1. 11.(1) It is an eviction ground that the tenant has...

        3. Rent arrears

          1. 12.(1) It is an eviction ground that the tenant has...

          2. 12A.Substantial rent arrears

        4. Criminal behaviour

          1. 13.(1) It is an eviction ground that the tenant has...

        5. Anti-social behaviour

          1. 14.(1) It is an eviction ground that the tenant has...

        6. Association with person who has relevant conviction or engaged in relevant anti-social behaviour

          1. 15.(1) It is an eviction ground that the tenant associates...

      4. PART 4 LEGAL IMPEDIMENT TO LET CONTINUING

        1. Landlord has ceased to be registered

          1. 16.(1) It is an eviction ground that the landlord is...

        2. HMO licence has been revoked

          1. 17.(1) It is an eviction ground that the let property...

        3. Overcrowding statutory notice

          1. 18.(1) It is an eviction ground that an overcrowding statutory...

    4. SCHEDULE 4

      CONSEQUENTIAL MODIFICATIONS

      1. Land Tenure Reform (Scotland) Act 1974

        1. 1.After section 8(3) of the Land Tenure Reform (Scotland) Act...

      2. Rent (Scotland) Act 1984

        1. 2.(1) The Rent (Scotland) Act 1984 is amended as follows....

      3. Bankruptcy (Scotland) Act 1985

        1. 3.In section 31(9) of the Bankruptcy (Scotland) Act 1985, after...

      4. Housing (Scotland) Act 1987

        1. 4.(1) The Housing (Scotland) Act 1987 is amended as follows....

      5. Social Security Contributions and Benefits Act 1992

        1. 5.In section 130C(2) of the Social Security Contributions and Benefits...

      6. Requirements of Writing (Scotland) Act 1995

        1. 6.After section 1(7) of the Requirements of Writing (Scotland) Act...

      7. Housing (Scotland) Act 2001

        1. 7.(1) The Housing (Scotland) Act 2001 is amended as follows....

      8. Homelessness etc. (Scotland) Act 2003

        1. 8.In section 11(5) of the Homelessness etc. (Scotland) Act 2003,...

      9. Housing (Scotland) Act 2006

        1. 9.(1) The Housing (Scotland) Act 2006 is amended as follows....

      10. Bankruptcy and Diligence etc. (Scotland) Act 2007

        1. 10.(1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is...

      11. Housing (Scotland) Act 2014

        1. 11.In section 94(1) of the Housing (Scotland) Act 2014, after...

    5. SCHEDULE 5

      TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

      1. PART 1 NO NEW ASSURED TENANCIES

        1. No new assured tenancies

          1. 1.(1) Section 12 of the Housing (Scotland) Act 1988 is...

        2. No new short assured tenancies

          1. 2.(1) The Housing (Scotland) Act 1988 is amended as follows....

      2. PART 2 CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

        1. Change of tenancy status by agreement

          1. 3.(1) The Housing (Scotland) Act 1988 is amended as follows....

        2. Change of tenancy status on succession

          1. 4.After section 3A of the Rent (Scotland) Act 1984 there...

          2. 5.After section 31 of the Housing (Scotland) Act 1988 there...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: