SCHEDULE 1Excluded accommodation and tenancies

InterpretationI13

1

In this schedule—

  • the 1988 Act” means the Housing (Scotland) Act 19889,

  • the 1993 Act” means the Crofters (Scotland) Act 199310,

  • the 2001 Act” means the Housing (Scotland) Act 200111,

  • the 2003 Act” means the Agricultural Holdings (Scotland) Act 200312,

  • the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 201613,

  • aparthotel” means a residential building containing serviced apartments where—

    1. a

      the whole building is owned by the same person,

    2. b

      a minimum number of 5 serviced apartments are managed and operated as a single business,

    3. c

      the building has a shared entrance for the serviced apartments, and

    4. d

      the serviced apartments do not share an entrance with any other flat or residential unit within the building,

  • bothy” means a building of no more than two storeys which—

    1. a

      does not have any form of—

      1. i

        mains electricity,

      2. ii

        piped fuel supply, and

      3. iii

        piped mains water supply,

    2. b

      is 100 metres or more from the nearest public road (within the meaning of section 151 of the Roads (Scotland) Act 198414), and

    3. c

      is 100 metres or more from the nearest habitable building,

  • hostel” means a building, other than a dwellinghouse, in which there is provided for persons generally or for any class or classes of persons—

    1. a

      residential accommodation, and

    2. b

      either or both—

      1. i

        meals,

      2. ii

        cooking facilities,

  • personal care” has the same meaning as in paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 201015,

  • refuge” means accommodation used wholly or mainly for persons who have been subject to any incident or pattern of incidents, of—

    1. a

      controlling, coercive or threatening behaviour,

    2. b

      physical violence,

    3. c

      abuse of any other description (whether physical or mental in nature), or

    4. d

      threats of any such violence or abuse.

  • serviced apartment” means a flat or residential unit in respect of which—

    1. a

      services are provided to guests (such as housekeeping, a telephone desk, reception, or laundry),

    2. b

      each flat or unit contains its own washing, cooking and dining facilities separate from each of the other flats or units, and

    3. c

      there is a management system in place to prevent anti-social behaviour and to impose limits in respect of the maximum occupancy of the flats or units,

  • student residential tenancy” means a tenancy—

    1. a

      the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and

    2. b

      to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 (tenancies which cannot be private residential tenancies) of the 2016 Act applies,

  • student accommodation” means residential accommodation which has been built or converted predominantly for the purpose of being provided to students.

2

In paragraph 1(k), “licence” does not include an HMO licence granted under section 129 of the Housing (Scotland) Act 200616.