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Housing (Scotland) Act 2001
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Changes over time for: Section 34
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Housing (Scotland) Act 2001, Section 34 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 34:
- s. 34(6A) inserted by 2003 asp 10 s. 6(1) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 34(8) word inserted by 2003 asp 10 s. 6(3)(a) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5(5A) inserted by 2003 asp 10 s. 5(4)(c) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 34(7A)-(7C) inserted by 2003 asp 10 s. 6(2) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 34(8)(b) and words inserted by 2003 asp 10 s. 6(3)(b) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
- sch. 6 para. 5A and cross-heading inserted by 2003 asp 10 s. 5(5) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
34 Short Scottish secure tenanciesS
This section has no associated Explanatory Notes
(1)A tenancy of a house is a short Scottish secure tenancy if—
(a)it would have been a Scottish secure tenancy but for this section,
(b)it is for a term of not less than 6 months, and
(c)before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).
(2)A prospective landlord may serve a notice under subsection (4) only where any of the paragraphs of schedule 6 is satisfied.
(3)The Scottish Ministers may by order modify that schedule.
(4)A notice under this subsection—
(a)must be in such form as the Scottish Ministers may prescribe by regulations,
(b)must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and
(c)must specify the term of the tenancy.
(5)At the ish of the tenancy it may continue—
(a)by tacit relocation, or
(b)by express agreement,
and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.
[F1(5A)Subsection (5) does not apply to a tenancy mentioned in subsection (6A).]
(6)The provisions of this Chapter, except sections 11(2) and (4), 12 and 22 and schedules 1 and 3, apply to a short Scottish secure tenancy as they do to a Scottish secure tenancy.
[F2(6A)A tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 has a term of 12 months from the day on which the tenancy is granted.]
(7)Where a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 [F3 , 2 or 2A] of schedule 6 the landlord must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37.
(8)The Scottish Ministers may issue guidance as to the housing support services which are appropriate for the purposes of subsection (7).
[F4(9)A landlord must have regard to any guidance published by the Scottish Ministers—
(a)before creating a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, and
(b)when taking any steps in relation to such a tenancy with a view to—
(i)extending the term of the tenancy under section 35A, or
(ii)raising proceedings for the recovery of possession of the house under section 36.
(10)Before publishing any guidance mentioned in subsection (9), the Scottish Ministers must consult such persons as they consider appropriate.]
Textual Amendments
F1S. 34(5A) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 9(1)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F2S. 34(6A) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 9(1)(b), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F3Words in s. 34(7) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(1)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F4S. 34(9)(10) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 7(1)(b), 104(3); S.S.I. 2014/264, art. 2, sch.
Commencement Information
I1S. 34 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
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