C1C2C3Part II Rented Accommodation
Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
Phasing out of Rent (Scotland) Act 1984 and other transitional provisions
45 Transfer of existing tenancies.
1
The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—
a
at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (4) below); and
b
at some time after that commencement the interest of the landlord ceases to be so held.
2
The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if—
a
at that commencement or, if it is later, at the time it is entered into, it is a housing association tenancy; and
b
at some time after that commencement, it ceases to be such a tenancy.
3
On and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—
a
the tenancy shall not be capable of being a protected tenancy or a housing association tenancy;
b
the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and
c
paragraph 1 of Schedule 4 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.
4
For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—
F1a
it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or
aa
it belongs to F2Scottish Water;
c
d
it belongs to the Scottish Special Housing Association; or
e
it belongs to Scottish Homes; F4...
F4f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.
5
In this section—
a
“housing association tenancy” means a tenancy to which Part VI of the M3Rent (Scotland) Act 1984 applies; and
b
“protected tenancy” has the same meaning as in that Act.
Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335