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
C3Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
(1)It shall be the duty of the landlord under an assured tenancy (of whatever duration)—
(a)to draw up a document stating (whether expressly or by reference) the terms of the tenancy;
(b)to ensure that it is so drawn up and executed that it is probative or holograph of the parties; and
(c)to give a copy of it to the tenant.
(2)On summary application by a tenant under an assured tenancy, the sheriff shall by order—
(a)where it appears to him that the landlord has failed to draw up a document which fairly reflects the existing terms of the tenancy, draw up such a document or, as the case may be, adjust accordingly the terms of such document as there is; and
(b)in any case, declare that the document (as originally drawn up or, where he has drawn it up or adjusted it, as so drawn up or adjusted) fairly reflects the terms of the assured tenancy;
and, where the sheriff has made such a declaration in relation to a document which he has drawn up or adjusted, it shall be deemed to have been duly executed by the parties as so drawn up or adjusted.
(3)A tenant shall not be required to make payment in respect of anything done under subsection (1) above.
(4)Where, under an assured tenancy, rent is payable weekly, it shall be the duty of the landlord to provide a rent book.
(5)A rent book shall contain such notices which shall be in such form and shall relate to such matters as may be prescribed and otherwise shall comply with such requirements as may be prescribed.
(6)If, at any time, the landlord fails to comply with any requirement imposed by or under subsection (4) or (5) above he and any person who on his behalf demands or receives rent in respect of the tenancy shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(7)Where an offence under subsection (6) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
Modifications etc. (not altering text)
C4S. 30(4) continued (temp. from 30.9.2002) by S.S.I. 2002/318, art. 5 (with art. 4(3))