C1C3C2C4Part II Rented Accommodation

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335

C4

Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Phasing out of Rent (Scotland) Act 1984 and other transitional provisions

45 Transfer of existing tenancies.

1

The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—

a

at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (4) below); and

b

at some time after that commencement the interest of the landlord ceases to be so held.

2

The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—

a

at that commencement or, if it is later, at the time it is entered into, it is a housing association tenancy; and

b

at some time after that commencement, it ceases to be such a tenancy.

3

On and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—

a

the tenancy shall not be capable of being a protected tenancy or a housing association tenancy;

b

the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and

c

paragraph 1 of Schedule 4 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.

4

For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—

F1a

it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

aa

it belongs to F3Scottish Water;

c

it belongs to a development corporation within the meaning of the M1New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the M2Local Government, Planning and Land Act 1980); or

d

it belongs to the Scottish Special Housing Association; or

e

it belongs to Scottish Homes; F4...

F4f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

5

In this section—

a

“housing association tenancy” means a tenancy to which Part VI of the M3Rent (Scotland) Act 1984 applies; and

b

“protected tenancy” has the same meaning as in that Act.