Schedule 1 – Tenancies Which Cannot Be Private Residential Tenancies
111.Schedule 1 outlines the types of tenancies which cannot be private residential tenancies. In broad terms, these are: tenancies where the rent is less than £6 per week; a shop; licensed premises; agricultural land; student accommodation provided by a university, other educational institution or an institutional provider of student accommodation; a holiday let; accommodation where the landlord is resident from the outset of and throughout the tenancy; police housing; military housing; social housing (including sublets and assignations); accommodation for a homeless person provided under Part II of the Housing (Scotland) Act 1987; accommodation for an offender provided under the Social Work (Scotland) Act 1968; accommodation for an asylum seeker provided under section 4 or Part VI of the Immigration and Asylum Act 1999; accommodation under the Displaced Persons (Temporary Protection) Regulations 2005; a shared ownership tenancy; a protected tenancy under the Rent (Scotland) Act 1984 (“the 1984 Act”); a tenancy to which Part VI of the 1984 Act applies; a Part VII contract under the 1984 Act; and an assured tenancy within the meaning of the 1988 Act.
