SCHEDULE 5TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS
PART 2CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES
Change of tenancy status by agreement
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1
The Housing (Scotland) Act 1988 is amended as follows.
2
After section 12(2) there is inserted—
3
Subsection (1) is subject to section 46A.
3
After section 46 there is inserted—
Phasing out of assured tenancies
46AChange to private residential tenancy by agreement
1
The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy.
2
On the day specified by the landlord and the tenant under subsection (1), the tenancy—
a
ceases to be an assured tenancy, and
b
becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”).
3
But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy.