Modifications etc. (not altering text)
C1Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335
C2Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
(1)A tenancy under which a house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
(a)the tenant or, as the case may be, at least one of the joint tenants is an individual; and
(b)the tenant or, as the case may be, at least one of the joint tenants occupies the house as his only or principal home; and
(c)the tenancy is not one which, by virtue of subsection (2) below, cannot be an assured tenancy.
(2)If and so long as a tenancy falls within any paragraph of Schedule 4 to this Act, it cannot be an assured tenancy; and in that Schedule “tenancy” means a tenancy under which a house is let as a separate dwelling.