Housing (Scotland) Act 2014

10 Short Scottish secure tenancy: extension of term

(1) After section 35 of the 2001 Act, insert—

“35A Extension of term of short Scottish secure tenancy

(1) The landlord under a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 may extend the term of that tenancy by 6 months from the day which would otherwise be the day of expiry of the tenancy.

(2 ) Such an extension may not be made unless—

(a) the tenant is in receipt of housing support services, and

(b) the landlord has, on or before the day which is 2 months before the day which would otherwise be the day of expiry of the tenancy, served on the tenant a notice informing the tenant of—

(i) the extension, and

(ii) the reasons for the extension.

(3) A landlord may not give a notice if the landlord has previously given a notice under subsection (2) in relation to that short Scottish secure tenancy.”.

(2) In section 37 of the 2001 Act (conversion to Scottish secure tenancy)—

(a) in subsection (1)—

(i) the words “, in the period of 12 months following the creation of the tenancy,” are repealed,

(ii) after “36(2)” insert “before the expiry of the relevant period”, and

(iii) for “that” substitute “the relevant”,

(b) after subsection (1), insert—

“(1A) In this section, the “relevant period” is—

(a) the period of 12 months following the creation of the tenancy, or

(b) if an extension notice has been served under section 35A, the period of 18 months following the creation of the tenancy.”.

(c) in subsection (2)—

(i) for “period of 12 months following the creation of the tenancy” substitute “relevant period”, and

(ii) for “that period of 12 months”, in both places where it occurs, substitute “the relevant period”.