Private Housing (Tenancies) (Scotland) Act 2016

SCHEDULE 5 TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS

(introduced by section 75)

PART 1 NO NEW ASSURED TENANCIES

No new assured tenancies

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

(2) In subsection (1), after the word “subsection” there is inserted “(1A) or”.

(3) After subsection (1) there is inserted—

“(1A) A tenancy cannot be an assured tenancy if it is granted on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force.”.

(4) In schedule 4, after paragraph 13(3) there is inserted—

“(4) A tenancy which is a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.”.

No new short assured tenancies

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

(2) In section 32––

(a) in subsection (3)––

(i) paragraph (b) and the word “or” immediately preceding it are repealed,

(ii) the words “or, as the case may be, the new contractual tenancy” are repealed,

(b) in subsection (4)––

(i) the words “or, as the case may be, before the beginning of the new tenancy” are repealed,

(ii) the words “or new” are repealed.

(3) In section 33(1)––

(a) the word “and” is inserted at the end of paragraph (b),

(b) paragraph (c), including the word “and” at the end of it, is repealed.

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.

(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

46A Change 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.”.

Change of tenancy status on succession

4 After section 3A of the Rent (Scotland) Act 1984 there is inserted—

“3B Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where—

(a) the sole tenant of a dwelling-house under a protected tenancy or a statutory tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and

(b) as a result of that death, an individual becomes the tenant of the dwelling-house by virtue of section 3(1)(b) or 3A above.

(2) As soon as the individual becomes the tenant, the individual’s tenancy of the dwelling-house—

(a) ceases to be a statutory tenancy or a statutory assured tenancy (as the case may be), and

(b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.”.

5 After section 31 of the Housing (Scotland) Act 1988 there is inserted—

“31A Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where—

(a) a sole tenant under an assured tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and

(b) an individual succeeds to the tenancy.

(2) As soon as the individual becomes the tenant, the tenancy—

(a) ceases to be an assured tenancy (if, but for this section, it would have been one), and

(b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.”.