The Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022

Scottish Statutory Instruments

2022 No. 307

Housing

The Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022

Made

at 9.35 a.m. on 28th October 2022

Coming into force in accordance with regulation 1(1)

Laid before the Scottish Parliament

at 2.00 p.m. on 28th October 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 19(3) and 53(3) of the Housing (Scotland) Act 1988(1), sections 62(1)(d) and 77(1) of the Private Housing (Tenancies) (Scotland) Act 2016(2) and all other powers enabling them to do so.

Citation, commencement and expiry

1.—(1) These Regulations may be cited as the Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022 and come into force immediately after they are made.

(2) These Regulations remain in force until the end of 31 March 2023, subject to the suspension or expiry of section 2 and schedule 2 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”)(3) on a different date.

(3) Where section 2 and schedule 2 of the 2022 Act are suspended or expired on a date other than the 31 March 2023, these regulations remain in force until that other date.

Modification of the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

2.—(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017(4) apply, in relation to a notice to leave given by a landlord to a tenant under section 50(1)(a) (termination by notice to leave and tenant leaving) of the Private Housing (Tenancies) (Scotland) Act 2016, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) Schedule 5 has effect as if for it there were substituted the form set out in schedule 1 to these Regulations.

Modification of the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017

3.—(1) The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017(5) apply, in relation to a notice of proceedings for possession given by a landlord to a tenant under section 19(1)(a) (notice of proceedings for possession) of the Housing (Scotland) Act 1988, while this regulation is in force, in accordance with the modifications in paragraph 2.

(2) The schedule has effect as if for Form AT6 there were substituted the form set out in schedule 2 to these Regulations.

Saving provisions

4.  The modifications made by regulations 2 and 3 do not apply in respect of a form or notice to which those regulations apply which was given or served prior to the coming into force of these Regulations.

PATRICK HARVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 9.35 a.m. on 28th October 2022

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations temporarily modify the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 in response to emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which comes into force on 28 October 2022 and is due to expire on 31 March 2023, unless amended.

Regulation 2 and schedule 1 modify the notice to leave form which is required to be issued to tenants under the Private Housing (Tenancies) (Scotland) Act 2016. The modified form includes additional, temporary grounds for eviction which were introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

Regulation 3 and schedule 2 modify Form AT6 which is required to be issued by a landlord who intends to raise proceedings for possession to a tenant of an assured tenancy under the Housing (Scotland) Act 1988. The modified form includes additional, temporary grounds for eviction which were introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

These Regulations make changes to certain forms and notices in light of emergency measures introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022, which was subject to a Business Regulatory Impact Assessment. No further impact on business is foreseen as a result of these Regulations. A copy of all impact assessments for the Act can be obtained online at www.legislation.gov.uk.

(1)

1988 c. 43. Section 19(3) was amended by paragraph 85(b) of schedule 17 of the Housing Act 1988 (c. 50). Section 55(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

2016 asp 19.

(3)

2022 asp 10. Section 7(1) provides that Part 1 of the 2022 Act expires at the end of 31 March 2023. Section 6(1)(a) provides that the Scottish Ministers may, by regulations, suspend any provision in Part 1. Section 7(3) provides that the Scottish Ministers may, by regulations, extend the provisions of Part 1 to expire on 30 September 2023, and may subsequently further extend those provisions to expire on 31 March 2024. Section 8(1)(b) provides that the Scottish Ministers may, by regulations, bring forward the expiry of any provision of Part 1 to an earlier time as may be specified in regulations.

(4)

S.S.I. 2017/297.

(5)

S.S.I. 2017/349.