(1)It shall be a term of every secure tenancy that the tenant shall not assign, sublet or otherwise give up to another person possession of the house or any part thereof or take in a lodger except with the consent in writing of the landlord, which shall not be unreasonably withheld.
(2)The landlord may refuse consent under this section if it appears to it that a payment other than—
(a)a rent which is in its opinion a reasonable rent; or
(b)a deposit returnable at the termination of the assignation, subletting or other transaction given as security for the subtenant’s obligations for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the house or contents, which in its opinion is reasonable,
has been or is to be received by the tenant in consideration of the assignation, subletting or other transaction.
(3)This section shall not apply to any assignation, subletting or other transaction entered into before 3rd October 1980 provided that the consent of the landlord to the transaction and to the rent which is being charged has been obtained.
(4)An assignation, subletting or other transaction to which this section applies shall not be a protected tenancy or a statutory tenancy within the meaning of the M1Rent (Scotland) Act 1984 [F1or an assured tenancy within the meaning of the Housing (Scotland) Act 1988, nor shall Part VII of the said Act of 1984] apply to such an assignation, sublet or other transaction.
(5)In this section and in section 56, “subtenant” means a person entitled to possession of a house or any part thereof under an assignation, subletting or other transaction to which this section applies, and includes a lodger.
(6)The provisions of Schedule 4 shall have effect as terms of every secure tenancy.
Textual Amendments
F1Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 10
Marginal Citations