The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

Scottish Statutory Instruments

2017 No. 297

Housing

The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

Made

12th September 2017

Laid before the Scottish Parliament

14th September 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17(3), 22(2)(b), 24(4), 43(1)(a), 61(3)(b), 62(1)(d) and 77(2) of the Private Housing (Tenancies) (Scotland) Act 2016 M1 and all other powers enabling them to do so.

Marginal Citations

M1 2016 asp 19.

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and come into force on 1st December 2017.

(2) In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Notice of a tenant's intention to make an application to the First-tier Tribunal to draw up terms or sanction failure to provide information S

2.—(1) A notice under section 14(3) (application to First-tier Tribunal to draw up terms) of the Act of the tenant's intention to make an application to the First-tier Tribunal under section 14(1) of the Act must be in the form set out in schedule 1.

(2) A notice under section 16(3)(c) (First-tier Tribunal's power to sanction failure to provide information) of the Act of the tenant's intention to make an application to the First-tier Tribunal under section 16(1) of the Act must be in the form set out in schedule 1.

Rent-increase notice S

3.  A rent-increase notice given by the landlord to the tenant under section 22(1) (landlord's power to increase rent) of the Act must be in the form set out in schedule 2.

Referral to a rent officer to determine the rent S

4.  A referral made by a tenant to a rent officer under section 24(1) (tenant's right to refer increase to rent officer) of the Act to determine the rent must be in the form set out in schedule 3.

Application to a rent officer to determine the additional amount of rent (if any) attributable to improvements S

5.  An application by the landlord to a rent officer under section 42(1) (rent officer's power to allow rent rise in consequence of improvement) of the Act to determine the additional amount of rent (if any) attributable to improvements must be in the form set out in schedule 4.

Notice to leave S

6.  A notice to leave given by the landlord to the tenant under section 50(1)(a) (termination by notice to leave and tenant leaving) of the Act must be in the form set out in schedule 5.

Sub-tenancy notice to leave S

7.  A sub-tenancy notice to leave given by a landlord to a sub-tenant under section 61(1) (sub-tenancy notice to leave) of the Act must be in the form set out in schedule 6.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

12th September 2017

Regulation 2

SCHEDULE 1 S APPLICATION BY A TENANT TO THE FIRST-TIER TRIBUNAL

Regulation 3

SCHEDULE 2 S RENT-INCREASE NOTICE

Regulation 4

SCHEDULE 3 S REFERRAL BY A TENANT TO A RENT OFFICER

Regulation 5

SCHEDULE 4 S APPLICATION BY A LANDLORD TO A RENT OFFICER

Regulation 6

SCHEDULE 5 S NOTICE TO LEAVE

Regulation 7

SCHEDULE 6 S SUB-TENANCY NOTICE TO LEAVE

Explanatory Note

(This note is not part of these Regulations)

These Regulations are made under the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”). They prescribe certain notices and forms to be used in connection with a private residential tenancy.

Regulation 2 prescribes the form of the notice to be given to the landlord of a tenant's intention to make an application under section 14(1) or 16(1) of the Act to the Tribunal to either draw up the written terms of the tenancy or to sanction the landlord for failing to provide written terms of the tenancy or other specified information.

Regulation 3 prescribes the form of the rent-increase notice to be given by the landlord to the tenant in accordance with section 22(1) of the Act.

Regulation 4 prescribes the form to be used when a tenant, having received a rent-increase notice, wishes to refer the rent increase to a rent officer for determination in accordance with section 24(1) of the Act.

Where a let property is in a rent pressure zone, regulation 5 prescribes the form to be used by a landlord in accordance with section 43(1) of the Act to request the rent officer to determine the amount of additional rent which may be charged in consequence of improvements to the let property.

Regulation 6 prescribes the form of the notice to leave which the landlord may serve on a tenant under section 50(1)(a) of the Act.

Regulation 7 prescribes the form of the notice to leave which the landlord may serve directly on a sub-tenant under section 61(1) of the Act.

A business regulatory impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.