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Housing (Scotland) Act 2001, Section 34 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A tenancy of a house is a short Scottish secure tenancy if—
(a)it would have been a Scottish secure tenancy but for this section,
(b)it is for a term of not less than 6 months, and
(c)before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).
(2)A prospective landlord may serve a notice under subsection (4) only where any of the paragraphs of schedule 6 is satisfied.
(3)The Scottish Ministers may by order modify that schedule.
(4)A notice under this subsection—
(a)must be in such form as the Scottish Ministers may prescribe by regulations,
(b)must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and
(c)must specify the term of the tenancy.
(5)At the ish of the tenancy it may continue—
(a)by tacit relocation, or
(b)by express agreement,
and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.
(6)The provisions of this Chapter, except sections 11(2) and (4), 12 and 22 and schedules 1 and 3, apply to a short Scottish secure tenancy as they do to a Scottish secure tenancy.
(7)Where a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 or 2 of schedule 6 the landlord must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37.
(8)The Scottish Ministers may issue guidance as to the housing support services which are appropriate for the purposes of subsection (7).
[F1(9)A landlord must have regard to any guidance published by the Scottish Ministers—
(a)before creating a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, and
(b)when taking any steps in relation to such a tenancy with a view to—
(i)extending the term of the tenancy under section 35A, or
(ii)raising proceedings for the recovery of possession of the house under section 36.
(10)Before publishing any guidance mentioned in subsection (9), the Scottish Ministers must consult such persons as they consider appropriate.]
Textual Amendments
F1S. 34(9)(10) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 7(1)(b), 104(3); S.S.I. 2014/264, art. 2, sch.
Commencement Information
I1S. 34 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
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