Private Housing (Tenancies) (Scotland) Act 2016

PART 1Private residential tenancy

1Meaning of private residential tenancy

2Interpretation of section 1

3Writing not required to constitute private residential tenancy

4Extended meaning of tenancy in this Act

5Extended meaning of tenancy and related expressions in other enactments

6Power to modify schedule 1

PART 2Tenancy terms

7Statutory terms of tenancy

8Regulations under section 7

9Protection of terms allowing use of shared living accommodation

PART 3Tenancy information

Landlord's duties to provide information

10Duty to provide written terms of tenancy

11Duty to provide specified information

12Regulations about providing information

13Prohibition on charging for information

First-tier Tribunal's powers

14Application to First-tier Tribunal to draw up terms

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

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

17Meaning of notice period in sections 14 and 16

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

Restrictions on rent increases

18Method by which rent may be increased

19Frequency with which rent may be increased

Restrictions on other charges and diligence

20No premiums, advance payments, etc.

21Restriction on diligence

CHAPTER 2Rent variation instigated by landlord's notice

Process by which rent may be varied

21ARent cap controls

22Landlord's power to increase rent

23Modification of rent-increase notice by parties

24Tenant's right to refer increase to rent officer

25Rent officer's power to set rent

26Rent officer's duty to issue provisional order

27Rent officer's power to correct final order

28Right of appeal to First-tier Tribunal

29First-tier Tribunal's power to set rent

30Finality of First-tier Tribunal's decision

31Liability for over or under paid rent

31ADetermination of rent payable

32Determination of open market rent

33Withdrawal of referral or appeal

Power to modify Chapter 2

33ZAPower to modify Chapter 2

Chapter 2ARent variation instigated by landlord’s application to rent officer

33ALandlord application to rent officer to increase rent above permitted rate

33BRent officer’s power to apply rent increase above permitted rate

33CAppeal to the First-tier Tribunal

33DWithdrawal or dismissal of appeal to the First-tier Tribunal

33EFinality of First-tier Tribunal’s decision

33FPowers to adjust maximum amount of increased costs by which rent may be increased

33GLiability for underpaid rent

Information about open market rent determinations

34Duty to make information available

34APower to modify Chapter

CHAPTER 3Rent pressure zones

Designation and effect of rent pressure zone

35Request by local authority that a zone be designated

36Scottish Ministers' duty to react to request

37Power to designate a zone

38Restriction on rent increases within a zone

39Limits on power to designate a zone

40Procedure for designating a zone: consultation and information

41Power to change inflation index

Improvements to let property

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

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

PART 5Termination

CHAPTER 1Security of tenure

44No termination by parties except in accordance with this Part

45Landlord's interest transfers with ownership of property

46Protection for sub-tenants

47Qualification of sub-tenant protection

CHAPTER 2Termination by tenant

48Tenant's ability to bring tenancy to an end

49Requirements for notice to be given by tenant

CHAPTER 3Termination at landlord's instigation

Consensual termination

50Termination by notice to leave and tenant leaving

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

52Applications for eviction orders and consideration of them

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

Restrictions on applying for eviction order

54Restriction on applying during the notice period

55Restriction on applying 6 months after the notice period expires

56Restriction on applying without notifying local authority

Wrongful termination

57Wrongful termination by eviction order

58Wrongful termination without eviction order

59Wrongful-termination order

60Notice to local authority of wrongful-termination order

61Sub-tenancy notice to leave

CHAPTER 4Interpretation of Part

62Meaning of notice to leave and stated eviction ground

63Landlord includes lender in some cases

64Six month periods

PART 6Death of the tenant

65Termination of tenancy on tenant's death

66Termination of joint tenant's interest on death

67Partner's entitlement to inherit

68Other family member's entitlement to inherit

69Carer's entitlement to inherit

70Interpretation of Part

PART 7Miscellaneous provisions

71First-tier Tribunal's jurisdiction

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

73Minor errors in documents

PART 8Consequential and transitional provision

74Consequential modifications

75Transitional provision

PART 9Final provisions

76Ancillary regulations

77Regulation-making powers

78Interpretation

SCHEDULE 1TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES

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

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

Licensed premises

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

Agricultural land

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

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

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

Resident landlord

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

8This paragraph applies to a tenancy if—

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

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

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

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

Military housing

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

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

Sublet, assigned, etc. social housing

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

Homeless persons

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

Persons on probation or released from prison etc.

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

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

Displaced persons

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

Shared ownership

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

Tenancies under previous legislation

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

Accommodation for veterans and care leavers

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

SCHEDULE 2STATUTORY TERMS REQUIRED BY SECTION 8

Rent receipts

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

Rent increases

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

Notification about other residents

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

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

Subletting etc.

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

Access for repairs etc.

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

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

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

SCHEDULE 3EVICTION GROUNDS

PART 1LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

Landlord intends to sell

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

1ALandlord intends to sell property to alleviate financial hardship

Property to be sold by lender

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

Landlord intends to refurbish

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

Landlord intends to live in property

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

4ALandlord intends to live in property to alleviate financial hardship

Family member intends to live in property

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

Landlord intends to use for non-residential purpose

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

Property required for religious purpose

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

PART 2TENANT'S STATUS

Not an employee

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

No longer in need of supported accommodation

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

PART 3TENANT'S CONDUCT

Not occupying let property

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

Breach of tenancy agreement

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

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

12ASubstantial rent arrears

Criminal behaviour

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

Anti-social behaviour

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

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

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

PART 4LEGAL IMPEDIMENT TO LET CONTINUING

Landlord has ceased to be registered

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

HMO licence has been revoked

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

Overcrowding statutory notice

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

SCHEDULE 4CONSEQUENTIAL MODIFICATIONS

Land Tenure Reform (Scotland) Act 1974

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

Rent (Scotland) Act 1984

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

Bankruptcy (Scotland) Act 1985

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

Housing (Scotland) Act 1987

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

Social Security Contributions and Benefits Act 1992

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

Requirements of Writing (Scotland) Act 1995

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

Housing (Scotland) Act 2001

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

Homelessness etc. (Scotland) Act 2003

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

Housing (Scotland) Act 2006

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

Bankruptcy and Diligence etc. (Scotland) Act 2007

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

Housing (Scotland) Act 2014

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

SCHEDULE 5TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

PART 1NO NEW ASSURED TENANCIES

No new assured tenancies

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

No new short assured tenancies

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

PART 2CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES

Change of tenancy status by agreement

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

Change of tenancy status on succession

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

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

Royal arms

Private Housing (Tenancies) (Scotland) Act 2016

2016 asp 19

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th March 2016 and received Royal Assent on 22nd April 2016

An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.