Rent (Scotland) Act 1984

5 No protected or statutory tenancy where landlord's interest belongs to local authority, etc.

(1) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to any of the bodies or entities specified in subsection (2) below, nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord belongs at that time to any of those bodies or entities.

(2) The bodies and entities referred to in subsection (1) above are—

(a) a regional, islands or district council, or a joint board or joint committee as respectively defined by the [1973 c. 65.] Local Government (Scotland) Act 1973, or the common good of an islands or district council or any trust under the control of a regional, islands or district council;

(b) a development corporation established by an order made, or having effect as if made, under the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(c) the Housing Corporation ;

(d) the Scottish Special Housing Association, or any housing trust which was in existence on 13 th November 1953 or any authorised society within the meaning of the [1914 c. 31.] Housing Act 1914 ; and

(e) an urban development corporation within the meaning of Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980.

(3) In subsection (2)(d) above, " housing trust" means a corporation or body of persons which is required by the terms of its constituent instrument to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses and to other purposes incidental thereto.

(4) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association, nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord belongs at that time to a housing association; and in this section " housing association" has the same meaning as in section 208(1) of the [1966 c. 49.] Housing (Scotland) Act 1966 except that, on and after 1st April 1975, it does not extend to a housing association which is not registered under section 13 of the [1974 c. 44.] Housing Act 1974 unless the provisions of section 18(1)(b) or (c) of the said Act of 1974 apply to that association.

(5) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under the tenancy belongs to a housing co-operative, as defined in section 5 of the [1975 c. 28.] Housing Rents and Subsidies (Scotland) Act 1975 (agreements for exercise by housing co-operatives of local authority housing functions) and the dwelling-house is comprised in an agreement to which that section applies or in a similar agreement between the cooperative and the Scottish Special Housing Association.

(6) Where—

(a) a tenancy is not a protected tenancy or a statutory tenancy by virtue only of this section, and

(b) a sub-tenancy of the dwelling-house or any part thereof is created,

then in ascertaining, in relation to the sub-tenancy, what rent is recoverable from the sub-tenant, the provisions of this Act shall apply as if the tenancy were a protected tenancy or a statutory tenancy, as the case may be, and neither the dwelling-house nor any part thereof had ever been let before the beginning of the tenancy.