C2C3C4C5Part II Rented Accommodation

Annotations:
Modifications etc. (not altering text)
C2

Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335

C5

Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Assured tenancies—miscellaneous

27 Prohibition of premiums etc. on assured tenancies.

Sections 82, 83 and 86 to 90 of the M1Rent (Scotland) Act 1984 (which make it an offence to require premiums and advance payment of rent in respect of protected tenancies and make related provision) shall apply in relation to assured tenancies as they apply in relation to protected tenancies (including protected tenancies which are regulated tenancies), but with the following modifications—

a

section 83(5) shall not apply; and

b

section 88(1) shall apply as if for the references to 12th August 1971 there were substituted references to the date of commencement of this section.

28 Effect of termination of tenancy on sub-tenancies which are or are under assured tenancies.

1

If the F6First-tier Tribunal makes an order for possession of a house from a tenant nothing in the order shall affect the right of any sub-tenant to whom the house or any part of it has been lawfully sublet on an assured tenancy before the commencement of the proceedings to retain possession by virtue of this Part of this Act, nor shall the order operate to give a right to possession as against any such sub-let.

2

Where an assured tenancy of a house is terminated, either as a result of an order for possession or for any other reason, any sub-tenant to whom the house or any part of it has been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenant’s assured tenancy had continued.

3

A tenancy which, but for paragraph 2 of Schedule 4 to this Act, would have been an assured tenancy shall be treated for the purposes of subsection (2) above as an assured tenancy.

29 Restriction on diligence.

No diligence shall be done in respect of the rent of any house let on an assured tenancy except with the leave of the F7First-tier Tribunal ; and the F7Tribunal shall, with respect to any application for such leave, have the same powers with respect to adjournment, sist, suspension, postponement and otherwise as are conferred by section 20 above in relation to proceedings for possession of such a house.

30 Duty of landlord under assured tenancy to provide written tenancy document and weekly rent book.

1

It shall be the duty of the landlord under an assured tenancy (of whatever duration)—

a

to draw up a document stating (whether expressly or by reference) the terms of the tenancy;

b

to ensure that it is so drawn up and executed that it is probative or holograph of the parties; and

c

to give a copy of it to the tenant.

2

On F8... application by a tenant under an assured tenancy, the F9First-tier Tribunal shall by order—

a

where it appears to F12the Tribunal that the landlord has failed to draw up a document which fairly reflects the existing terms of the tenancy, draw up such a document or, as the case may be, adjust accordingly the terms of such document as there is; and

b

in any case, declare that the document (as originally drawn up or, where F13the Tribunal has drawn it up or adjusted it, as so drawn up or adjusted) fairly reflects the terms of the assured tenancy;

and, where the F10Tribunal has made such a declaration in relation to a document which F11the Tribunal has drawn up or adjusted, it shall be deemed to have been duly executed by the parties as so drawn up or adjusted.

3

A tenant shall not be required to make payment in respect of anything done under subsection (1) above.

C14

Where, under an assured tenancy, rent is payable weekly, it shall be the duty of the landlord to provide a rent book.

5

A rent book shall contain such notices which shall be in such form and shall relate to such matters as may be prescribed and otherwise shall comply with such requirements as may be prescribed.

6

If, at any time, the landlord fails to comply with any requirement imposed by or under subsection (4) or (5) above he and any person who on his behalf demands or receives rent in respect of the tenancy shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

7

Where an offence under subsection (6) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

30AF5Duty of landlord to provide certain information

1

A person who is to be the landlord under an assured tenancy (of whatever duration) must provide the person who is to be the tenant of that tenancy with the documents specified by virtue of section 30B(1) (“the standard tenancy documents”).

2

The standard tenancy documents must be provided no later than the date on which the assured tenancy commences.

3

Where there are to be joint landlords under the tenancy, the duty under subsection (1) may be satisfied by any one of them.

4

A person under the duty mentioned in subsection (1) who (without reasonable excuse) does not comply with that duty is guilty of an offence.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

Where an offence under subsection (4) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

30BDuty of landlord to provide certain information: further provision

1

The Scottish Ministers may by order—

a

specify the documents to be provided under section 30A(1) which may, in particular, include—

i

documents containing information about the tenancy;

ii

documents containing information about the house;

iii

documents containing information about the person who is to be the landlord;

iv

documents containing information about the rights and responsibilities of tenants and landlords;

v

copies of documents which the person who is to be the landlord is under a duty to provide by virtue of this Act (other than section 30A(1)) or any other enactment;

b

make such further provision about the documents as they think fit, including, in particular, provision about the form of, and the information to be included in (or excluded from), any of the documents;

c

make provision so that the giving of a document (or copy of a document) specified under subsection (1)(a)(v), either in pursuance of the duty under section 30A(1) or by virtue of another provision of this Act or any other enactment, has the effect of satisfying all or any such obligations;

d

make provision about whether the documents may be provided separately or whether they must all be provided at the same time.

2

Before making an order under subsection (1), the Scottish Ministers must consult—

a

such persons and bodies as they consider representative of the interests of—

i

tenants;

ii

private sector landlords;

iii

persons who act as agents for such landlords,

as they consider appropriate; and

b

such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).

31 Right of succession of spouse.

1

In any case where—

a

the sole tenant under an assured tenancy dies; and

b

immediately before the death the tenant’s spouse F1or civil partner was occupying the house as his or her only or principal home; and

c

the tenant was not himself a successor as explained in subsection (2) or (3) below,

the tenant’s spouse F1or civil partner shall, as from the death and for so long as he or she retains possession of the house without being entitled to do so under a contractual tenancy, be entitled to a statutory assured tenancy of the house.

2

For the purposes of this section, a tenant was a successor in relation to a tenancy—

a

if the tenancy had become vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or

b

if he was a statutory assured tenant by virtue of section 3A of the M2Rent (Scotland) Act 1984; or

c

if at some time before the tenant’s death the tenancy was a joint tenancy held by him and one or more other persons and, prior to his death, he had become the sole tenant by survivorship; or

d

in the case of a tenancy (hereinafter referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—

i

at some time before the grant of the new tenancy he was, by virtue of paragraph (a), (b) or (c) above, a successor to an earlier tenancy of the same or substantially the same house as is let under the new tenancy; and

ii

at all times since he became such a successor he has been a tenant (alone or jointly with others) of the house which is let under the new tenancy or of a house which is substantially the same as that house.

3

No order for possession under Ground 7 of Schedule 5 to this Act shall be made—

a

in relation to a case to which this section relates by virtue of subsection (1) above; or

b

where the tenant’s spouse F2or civil partner succeeds to the tenancy under the will or intestacy of the tenant.

4

For the purposes of this section a person who was living with the tenant at the time of the tenant’s death .

F3a

as his or her wife or husband shall be treated as the tenant’s spouse

F4b

in a relationship which had the characteristics of the relationship between civil partners shall be treated as the tenant’s civil partner

31AF14Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

1

Subsection (2) applies where—

a

a sole tenant under an assured tenancy dies on or after F151 December 2017 , and

b

an individual succeeds to the tenancy.

2

As soon as the individual becomes the tenant, the tenancy—

a

ceases to be an assured tenancy (if, but for this section, it would have been one), and

b

becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.