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Introductory Text
PART 1 Private residential tenancy
1.Meaning of private residential tenancy
2.Interpretation of section 1
3.Writing not required to constitute private residential tenancy
4.Extended meaning of tenancy in this Act
5.Extended meaning of tenancy and related expressions in other enactments
6.Power to modify schedule 1
PART 2 Tenancy terms
7.Statutory terms of tenancy
8.Regulations under section 7
9.Protection of terms allowing use of shared living accommodation
PART 3 Tenancy information
Landlord's duties to provide information
10.Duty to provide written terms of tenancy
11.Duty to provide specified information
12.Regulations about providing information
13.Prohibition on charging for information
First-tier Tribunal's powers
14.Application to First-tier Tribunal to draw up terms
15.First-tier Tribunal's power to draw up terms
16.First-tier Tribunal's power to sanction failure to provide information
17.Meaning of notice period in sections 14 and 16
PART 4 Rent
CHAPTER 1 Restrictions in relation to rent, other charges and diligence
Restrictions on rent increases
18.Method by which rent may be increased
19.Frequency with which rent may be increased
Restrictions on other charges and diligence
20.No premiums, advance payments, etc.
21.Restriction on diligence
CHAPTER 2 Rent variation instigated by landlord's notice
Process by which rent may be varied
21A.Rent cap controls
22.Landlord's power to increase rent
23.Modification of rent-increase notice by parties
24.Tenant's right to refer increase to rent officer
25.Rent officer's power to set rent
26.Rent officer's duty to issue provisional order
27.Rent officer's power to correct final order
28.Right of appeal to First-tier Tribunal
29.First-tier Tribunal's power to set rent
30.Finality of First-tier Tribunal's decision
31.Liability for over or under paid rent
31A.Determination of rent payable
32.Determination of open market rent
33.Withdrawal of referral or appeal
Power to modify Chapter 2
33ZA.Power to modify Chapter 2
Chapter 2A Rent variation instigated by landlord’s application to rent officer
33A.Landlord application to rent officer to increase rent above permitted rate
33B.Rent officer’s power to apply rent increase above permitted rate
33C.Appeal to the First-tier Tribunal
33D.Withdrawal or dismissal of appeal to the First-tier Tribunal
33E.Finality of First-tier Tribunal’s decision
33F.Powers to adjust maximum amount of increased costs by which rent may be increased
33G.Liability for underpaid rent
Information about open market rent determinations
34.Duty to make information available
...
34A.Power to modify Chapter
CHAPTER 3 Rent pressure zones
Designation and effect of rent pressure zone
35.Request by local authority that a zone be designated
36.Scottish Ministers' duty to react to request
37.Power to designate a zone
38.Restriction on rent increases within a zone
39.Limits on power to designate a zone
40.Procedure for designating a zone: consultation and information
41.Power to change inflation index
Improvements to let property
42.Rent officer's power to allow rent rise in consequence of improvement
43.Further provision about making and determining an application under section 42
PART 5 Termination
CHAPTER 1 Security of tenure
44.No termination by parties except in accordance with this Part
45.Landlord's interest transfers with ownership of property
46.Protection for sub-tenants
47.Qualification of sub-tenant protection
CHAPTER 2 Termination by tenant
48.Tenant's ability to bring tenancy to an end
49.Requirements for notice to be given by tenant
CHAPTER 3 Termination at landlord's instigation
Consensual termination
50.Termination by notice to leave and tenant leaving
Eviction order
51.First-tier Tribunal's power to issue an eviction order
52.Applications for eviction orders and consideration of them
53.First-tier Tribunal's power to disapply protection for sub-tenants
Restrictions on applying for eviction order
54.Restriction on applying during the notice period
55.Restriction on applying 6 months after the notice period expires
56.Restriction on applying without notifying local authority
Wrongful termination
57.Wrongful termination by eviction order
58.Wrongful termination without eviction order
59.Wrongful-termination order
60.Notice to local authority of wrongful-termination order
Sub-tenancies
61.Sub-tenancy notice to leave
CHAPTER 4 Interpretation of Part
62.Meaning of notice to leave and stated eviction ground
63.Landlord includes lender in some cases
64.Six month periods
PART 6 Death of the tenant
65.Termination of tenancy on tenant's death
66.Termination of joint tenant's interest on death
67.Partner's entitlement to inherit
68.Other family member's entitlement to inherit
69.Carer's entitlement to inherit
70.Interpretation of Part
PART 7 Miscellaneous provisions
71.First-tier Tribunal's jurisdiction
72.First-tier Tribunal's duty to report unregistered landlords
73.Minor errors in documents
PART 8 Consequential and transitional provision
74.Consequential modifications
75.Transitional provision
PART 9 Final provisions
76.Ancillary regulations
77.Regulation-making powers
78.Interpretation
79.Commencement
80.Short title
SCHEDULE 1
TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES
Low rent
1.(1) A tenancy cannot be a private residential tenancy if—...
Shop
2.A tenancy cannot be a private residential tenancy if it...
Licensed premises
3.A tenancy cannot be a private residential tenancy if it...
Agricultural land
4.(1) A tenancy cannot be a private residential tenancy if...
Student let
5.(1) A tenancy cannot be a private residential tenancy if—...
Holiday let
6.(1) A tenancy cannot be a private residential tenancy if...
Resident landlord
7.A tenancy cannot be a private residential tenancy if paragraph...
8.This paragraph applies to a tenancy if—
9.(1) This paragraph applies to a tenancy if sub-paragraphs (2)...
10.If, at any time, the landlord holds the landlord's interest...
11.In a case where two or more persons jointly are...
Police housing
12.A tenancy cannot be a private residential tenancy if the...
Military housing
13.A tenancy cannot be a private residential tenancy if the...
Social housing
14.A tenancy cannot be a private residential tenancy if the...
Sublet, assigned, etc. social housing
15.A tenancy cannot be a private residential tenancy if it...
Homeless persons
16.A tenancy cannot be a private residential tenancy if it...
Persons on probation or released from prison etc.
17.A tenancy cannot be a private residential tenancy if it...
Asylum seekers
18.A tenancy cannot be a private residential tenancy if the...
Displaced persons
19.A tenancy cannot be a private residential tenancy if the...
Shared ownership
20.A tenancy cannot be a private residential tenancy if it...
Tenancies under previous legislation
21.A 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 2
STATUTORY TERMS REQUIRED BY SECTION 8
Rent receipts
1.Where any payment of rent is made in cash, the...
Rent increases
2.The rent may be increased in accordance with Chapter 2...
Notification about other residents
3.If a person aged 16 or over (who is not...
4.If— (a) in accordance with the term specified in paragraph...
Subletting etc.
5.The tenant may not, without the written agreement of the...
Access for repairs etc.
6.The tenant is to allow reasonable access to the let...
7.(1) The following are authorised purposes— (a) carrying out any...
8.The tenant is to allow reasonable use of facilities within...
SCHEDULE 3
EVICTION GROUNDS
PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE
Landlord intends to sell
1.(1) It is an eviction ground that the landlord intends...
1A.Landlord 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...
4A.Landlord 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 2 TENANT'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 3 TENANT'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...
Rent arrears
12.(1) It is an eviction ground that the tenant has...
12A.Substantial 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 4 LEGAL 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 4
CONSEQUENTIAL MODIFICATIONS
Land Tenure Reform (Scotland) Act 1974
1.After 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
3.In 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
5.In section 130C(2) of the Social Security Contributions and Benefits...
Requirements of Writing (Scotland) Act 1995
6.After 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
8.In 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
11.In section 94(1) of the Housing (Scotland) Act 2014, after...
SCHEDULE 5
TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS
PART 1 NO 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 2 CONVERSION 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
4.After section 3A of the Rent (Scotland) Act 1984 there...
5.After section 31 of the Housing (Scotland) Act 1988 there...