The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017

Section 1

Meaning of private residential tenancy

Section 2

Interpretation of section 1 (of the Act)

Section 3

Writing not required to constitute private residential tenancy

Section 4

Extended meaning of tenancy in the Act

Section 5

Extended meaning of tenancy and related expressions in other enactments

Section 6

Power to modify schedule 1

Section 7

Statutory terms of tenancy

Insofar as not already in force

Section 9

Protection of terms allowing use of shared living accommodation

Section 10

Duty to provide written terms of tenancy

Section 13

Prohibition on charging for information

Section 14

Application to First-tier Tribunal to draw up terms

Section 15

First-tier Tribunal’s power to draw up terms

Section 16

First-tier Tribunal’s power to sanction failure to provide information

Section 17

Meaning of notice period in sections 14 and 16 (of the Act)

Insofar as not already in force

Section 18

Method by which rent may be increased

Section 19

Frequency with which rent may be increased

Section 20

No premiums, advance payments, etc.

Section 21

Restriction on diligence

Section 22

Landlord’s power to increase rent

Insofar as not already in force

Section 23

Modification of rent-increase notice by parties

Section 24

Tenant’s right to refer increase to rent officer

Insofar as not already in force

Section 25

Rent officer’s power to set rent

Section 26

Rent officer’s duty to issue provisional order

Section 27

Rent officer’s power to correct final order

Section 28

Right of appeal to First-tier Tribunal

Section 29

First-tier Tribunal’s power to set rent

Section 30

Finality of First-tier Tribunal’s decision

Section 31

Liability of over or under paid rent

Section 32

Determination of open market rent

Section 33

Withdrawal of referral or appeal

Section 34(1)

Duty to make information available

Section 35

Request by local authority that a zone be designated

Section 36

Scottish Ministers’ duty to react to request

Section 37

Power to designate a zone

Section 38

Restriction on rent increases within a zone

Section 39

Limits on power to designate a zone

Section 40

Procedure for designating a zone: consultation and information

Section 41

Power to change inflation index

Section 42

Rent officer’s power to allow rent rise in consequence of improvement

Section 43

Further provision about making and determining an application under section 42 (of the Act)

Insofar as not already in force

Section 44

No termination by parties except in accordance with Part 5 of the Act

Section 45

Landlord’s interest transfers with ownership of property

Section 46

Protection for sub-tenants

Section 47

Qualification of sub-tenant protection

Section 48

Tenant’s ability to bring tenancy to an end

Section 49

Requirements for notice to be given by tenant

Section 50

Termination by notice to leave and tenant leaving

Section 51

First-tier Tribunal’s power to issue an eviction order

Section 52

Applications for eviction orders and consideration of them

Section 53

First-tier Tribunal’s power to disapply protection for sub-tenants

Section 54

Restriction on applying during the notice period

Section 55

Restriction on applying 6 months after the notice period expires

Section 56

Restriction on applying without notifying local authority

Section 57

Wrongful termination by eviction order

Section 58

Wrongful termination without eviction order

Section 59

Wrongful-termination order

Section 60

Notice to local authority of wrongful-termination order

Section 61

(Requirements of) Sub-tenancy notice to leave

Insofar as not already in force

Section 62

Requirements of notice to leave and stated eviction ground

Insofar as not already in force

Section 63

Landlord includes lender in some cases

Section 64

Six month periods

Section 65

Termination of tenancy on tenant’s death

Section 66

Termination of joint tenant’s interest on death

Section 67

Partner’s entitlement to inherit

Section 68

Other family member’s entitlement to inherit

Section 69

Carer’s entitlement to inherit

Section 70

Interpretation of Part 6 of the Act

Section 71

First-tier Tribunal’s jurisdiction

Section 72

First-tier Tribunal’s duty to report unregistered landlords

Section 73

Minor errors in documents

Section 74

Consequential modifications

For the purpose of commencing paragraphs 1 to 4 and 6 to 11 of schedule 4

Section 75

Transitional provision

Schedule 1

Tenancies which cannot be private residential tenancies

Schedule 3

Eviction grounds

Schedule 4, paragraphs 1 to 4 and 6 to 11

Consequential modifications

Schedule 5

Transition from regimes under earlier enactments