Rent (Scotland) Act 1984

112 Minimum length of notice to quit. S

(1) No notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling-house shall be valid unless it is in writing and contains such information as may be prescribed and is [F1 given not less than four weeks before the date on which it is to take effect] [F1 given—

(a) in the case of a notice by a landlord, not less than the specified amount of time before the date on which it is to take effect,

(b) in the case of a notice by a tenant, not less than four weeks before the date on which it is to take effect].

[F2 (1A) A notice given by a landlord in accordance with subsection (1) must state, in addition to any other information that is prescribed under subsection (1), the basis on which the landlord intends to seek possession of the dwelling-house.

(1B) For the purpose of subsection (1)(a), the specified amount of time for a notice served before 3 October 2020 is—

(a) 4 weeks if subsection (1C) applies,

(b) 3 months if subsection (1D) applies,

(c) 6 months if subsection (1E) applies.

(1C) This subsection applies if the notice under subsection (1) specifies that possession is sought only in accordance with section 11(1)(a) on the basis that suitable alternative accommodation is available, or will be available, for the tenant.

(1D) This subsection applies if the notice under subsection (1) specifies that possession is sought only on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2—

(a) Case 2,

(b) Case 6,

(c) Case 8 or 9,

(d) Case 11.

(1E) This subsection applies if the notice under subsection (1) specifies that possession is sought on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without specifying any other Cases)—

(a) Case 1,

(b) Cases 3 to 5,

(c) Case 7,

(d) Case 10,

(e) Cases 12 to 21.]

[F3 (1F) For the purpose of subsection (1)(a), the specified amount of time for a notice served on or after 3 October 2020 is—

(a) 4 weeks if subsection (1G) applies,

(b) 3 months if subsection (1H) applies,

(c) 6 months if subsection (1I) applies.

(1G) This subsection applies if the notice under subsection (1) specifies one or both of the following—

(a) that possession is sought in accordance with section 11(1)(a) on the basis that suitable alternative accommodation is available, or will be available, for the tenant, or

(b) that possession is sought on the basis that the circumstances are as specified in Case 2 in Schedule 2.

(1H) This subsection applies if the notice under subsection (1) specifies that possession is sought only on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without also specifying the Case referred to in subsection (1G)(b))—

(a) Case 6,

(b) Case 8 or 9,

(c) Case 11.

(1I) This subsection applies if the notice under subsection (1) specifies that possession is sought on the basis that the circumstances are as specified in one or more of the following Cases in Schedule 2 (whether with or without specifying any other Cases)—

(a) Case 1,

(b) Cases 3 to 5,

(c) Case 7,

(d) Case 10,

(e) Cases 12 to 21.]

(2) In this section “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.

Textual Amendments

F1 Words in s. 112(1) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 6(1)(3)(a) (with ss. 11-13, sch. 1 paras. 8, 10) (which affecting provision expires (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5))

F2 S. 112(1A)-(1E) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 6(1)(3)(b) (with ss. 11-13, sch. 1 paras. 8, 10) (as amended (3.10.2020) by S.S.I. 2020/270, regs. 1(1), 5(a)(ii) and which affecting provision expires (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5)))

F3 S. 112(1F)-(1I) inserted (temp.) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 1 para. 6(1)(3)(b) (with ss. 11-13, sch. 1 paras. 8, 10) (as amended (3.10.2020) by S.S.I. 2020/270, regs. 1(1), 5(a)(ii) and which affecting provision expires (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64), reg. 2(a) (with regs. 4, 5)))