Private Housing (Tenancies) (Scotland) Act 2016
2016 asp 19 · Enacted 22 April 2016 · Extends to Scotland
An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th March 2016 and received Royal Assent on 22nd April 2016
Contents
- Part 1: Private residential tenancy
- 1Meaning of private residential tenancy
- 2Interpretation of section 1
- 3Writing not required to constitute private residential tenancy
- 4Extended meaning of tenancy in this Act
- 5Extended meaning of tenancy and related expressions in other enactments
- 6Power to modify schedule 1
- Part 1A: Choice of tenant
- 6AOffence of discriminating in relation to children
- 6BOffence of discriminating in relation to benefits status
- 6CDiscriminatory terms relating to children or benefits status
- 6DNo prohibition on taking income into account
- 6EInterpretation of Part 1A
- Part 2: Tenancy terms
- 7Statutory terms of tenancy
- 8Regulations under section 7
- 9Protection of terms allowing use of shared living accommodation
- Part 3: Tenancy information
- Landlord's duties to provide information
- 10Duty to provide written terms of tenancy
- 11Duty to provide specified information
- 12Regulations about providing information
- 13Prohibition on charging for information
- First-tier Tribunal's powers
- 14Application to First-tier Tribunal to draw up terms
- 15First-tier Tribunal's power to draw up terms
- 16First-tier Tribunal's power to sanction failure to provide information
- 17Meaning of notice period in sections 14 and 16
- Information about rent to be included in advertisements
- 17AProspective landlords’ duty to include information about rent in advertisements: property is not exempt property
- 17BProspective landlords’ duty to include information about property in advertisements: exempt property
- Part 4: Rent: properties not in a rent control area (or properties that are exempt properties)
- Chapter 1: Restrictions in relation to rent, other charges and diligence
- Application of this Part
- 17CApplication of this Part
- 17DMeaning of “exempt property”
- Restrictions on rent increases
- 18Method by which rent may be increased
- 19Frequency with which rent may be increased
- Restrictions on other charges and diligence
- 20No premiums, advance payments, etc.
- 21Restriction on diligence
- Chapter 2: Rent variation instigated by landlord's notice
- Process by which rent may be varied
- 21ARent cap controls Repealed
- 22Landlord's power to increase rent
- 23Modification of rent-increase notice by parties
- 24Tenant's right to refer increase to rent officer
- 25Rent officer's power to set rent
- 26Rent officer's duty to issue provisional order
- 27Rent officer's power to correct final order
- 28Right of appeal to First-tier Tribunal
- 29First-tier Tribunal's power to set rent
- 30Finality of First-tier Tribunal's decision
- 31Liability for over or under paid rent
- 31ADetermination of rent payable Repealed
- 32Determination of open market rent
- 33Withdrawal of referral or appeal
- ...
- 33ZAPower to modify Chapter 2 Repealed
- Chapter 2A: Rent variation instigated by landlord’s application to rent officer
- 33ALandlord application to rent officer to increase rent above permitted rate Repealed
- 33BRent officer’s power to apply rent increase above permitted rate Repealed
- 33CAppeal to the First-tier Tribunal Repealed
- 33DWithdrawal or dismissal of appeal to the First-tier Tribunal Repealed
- 33EFinality of First-tier Tribunal’s decision Repealed
- 33FPowers to adjust maximum amount of increased costs by which rent may be increased Repealed
- 33GLiability for underpaid rent Repealed
- Information about open market rent determinations
- 34Duty to make information available
- ...
- 34APower to modify Chapter Repealed
- Chapter ...: Chapter 3
- Part 4A: Rent: properties in a rent control area (other than exempt properties)
- Chapter 1: Initial provisions and restrictions in relation to rent etc.
- Application of this Part
- 43AApplication of this Part
- Key definitions in this Part
- 43BMeaning of property that is “previously let” and the “immediately preceding tenancy”
- 43CMeaning of “relevant rent increase”
- 43DMeaning of “permitted rate”
- 43EMeaning of “permitted rate”: further provision
- 43FMeaning of other terms
- Restriction on setting of initial rent by landlord
- 43GRestriction on setting of initial rent by landlord
- Restrictions on rent increases
- 43HMethod by which rent may be increased
- 43IFrequency with which rent may be increased
- Restrictions on other charges and diligence
- 43JNo premiums, advance payments, etc.
- 43KRestriction on diligence
- Chapter 2: rent variation instigated by landlord’s notice
- Rent-increase notice given by landlord
- 43LLandlord’s power to increase rent by no more than the permitted rate
- 43MModification of rent-increase notice by parties
- Tenant’s referral of rent-increase notice to rent officer
- 43NTenant’s right to refer rent-increase notice to rent officer
- 43ORent officer’s power to set rent
- 43PRent officer’s power to correct order
- 43QRight of review to another rent officer
- 43ROther rent officer’s power to set rent
- Tenant’s application to First-tier Tribunal relating to rent-increase notice
- 43STenant's right to apply to First-tier Tribunal in relation to rent-increase notice
- 43TFirst-tier Tribunal’s powers on an application under section 43S(1)
- Matters arising from referral to rent officer or application to First-tier Tribunal
- 43UTenant’s liability for underpaid rent
- 43VWithdrawal of referral or request for review by rent officer or application to First-tier Tribunal
- Chapter 3: Power of First-tier Tribunal to require landlords to pay penalty or compensation
- 43WPower of First-tier Tribunal to require landlords to pay penalty or compensation
- Part 5: Termination
- Chapter 1: Security of tenure
- 44No termination by parties except in accordance with this Part
- 45Landlord's interest transfers with ownership of property
- 46Protection for sub-tenants
- 47Qualification of sub-tenant protection
- Chapter 2: Termination by tenant
- 48Tenant's ability to bring tenancy to an end
- 48APre-notice to be given to other joint tenants
- 49Requirements for notice to be given by tenant
- Chapter 3: Termination at landlord's instigation
- Consensual termination
- 50Termination by notice to leave and tenant leaving
- Eviction order
- 51First-tier Tribunal's power to issue an eviction order
- 52Applications for eviction orders and consideration of them
- 53First-tier Tribunal's power to disapply protection for sub-tenants
- Restrictions on applying for eviction order
- 54Restriction on applying during the notice period
- 55Restriction on applying 6 months after the notice period expires
- 56Restriction on applying without notifying local authority
- Wrongful termination
- 57Wrongful termination by eviction order
- 58Wrongful termination without eviction order
- 59Wrongful-termination order
- 60Notice to local authority of wrongful-termination order
- Sub-tenancies
- 61Sub-tenancy notice to leave
- Chapter 4: Interpretation of Part
- 62Meaning of notice to leave and stated eviction ground
- 63Landlord includes lender in some cases
- 64Six month periods
- Part 5A: keeping pets and making changes to let property
- Chapter 1: Keeping pets
- 64ATenant’s right to keep a pet
- 64BConsent to keep a pet
- 64CRestrictions on keeping a pet: right of appeal
- 64DRestrictions on keeping a pet: decisions on appeal
- 64EPower to make provision about when it is reasonable to refuse consent to keep a pet
- 64FPower to make provision about when a consent condition for keeping a pet is reasonable
- 64GRegulations under sections 64E and 64F: consultation
- Chapter 2: Making changes to let property
- 64HTenant’s right to make changes to let property
- 64IConsent for category 2 changes
- 64JRestrictions on category 2 changes: right of appeal
- 64KRestrictions on category 2 changes: decisions on appeal
- 64LPower to specify changes to a let property that may be made by the tenant
- 64MPower to make provision about when it is reasonable to refuse consent for a category 2 change
- 64NPower to make provision about when a consent condition for a category 2 change is reasonable
- 64ORegulations under sections 64L, 64M and 64N: consultation
- Part 6: Death of the tenant
- 65Termination of tenancy on tenant's death
- 66Termination of joint tenant's interest on death
- 67Partner's entitlement to inherit
- 68Other family member's entitlement to inherit
- 69Carer's entitlement to inherit
- 70Interpretation of Part
- Part 7: Miscellaneous provisions
- 71First-tier Tribunal's jurisdiction
- 72First-tier Tribunal's duty to report unregistered landlords
- 73Minor errors in documents
- Part 8: Consequential and transitional provision
- 74Consequential modifications
- 75Transitional provision
- Part 9: Final provisions
- 75ACrown application
- 76Ancillary regulations
- 77Regulation-making powers
- 78Interpretation
- 79Commencement
- 80Short title
- Schedule 1: TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES
- Low rent
- 1Paragraph 1
- Shop
- 2Paragraph 2
- Licensed premises
- 3Paragraph 3
- Agricultural land
- 4Paragraph 4
- Student let
- 5Paragraph 5
- Holiday let
- 6Paragraph 6
- Resident landlord
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Police housing
- 12Paragraph 12
- Military housing
- 13Paragraph 13
- Social housing
- 14Paragraph 14
- Sublet, assigned, etc. social housing
- 15Paragraph 15
- Homeless persons
- 16Paragraph 16
- Persons on probation or released from prison etc.
- 17Paragraph 17
- Asylum seekers
- 18Paragraph 18
- Displaced persons
- 19Paragraph 19
- Shared ownership
- 20Paragraph 20
- Tenancies under previous legislation
- 21Paragraph 21
- Accommodation for veterans and care leavers
- 22Paragraph 22
- Schedule 2: STATUTORY TERMS REQUIRED BY SECTION 8
- Rent receipts
- 1Paragraph 1
- Rent increases
- 2Paragraph 2
- Notification about other residents
- 3Paragraph 3
- 4Paragraph 4
- Subletting etc.
- 5Paragraph 5
- Access for repairs etc.
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3: EVICTION GROUNDS
- Part 1: LET PROPERTY REQUIRED FOR ANOTHER PURPOSE
- Landlord intends to sell
- 1Paragraph 1
- 1ALandlord intends to sell property to alleviate financial hardship Repealed
- Property to be sold by lender
- 2Paragraph 2
- Landlord intends to refurbish
- 3Paragraph 3
- Landlord intends to live in property
- 4Paragraph 4
- 4ALandlord intends to live in property to alleviate financial hardship Repealed
- Family member intends to live in property
- 5Paragraph 5
- Landlord intends to use for non-residential purpose
- 6Paragraph 6
- Property required for religious purpose
- 7Paragraph 7
- Part 2: TENANT'S STATUS
- Not an employee
- 8Paragraph 8
- No longer in need of supported accommodation
- 9Paragraph 9
- Part 3: TENANT'S CONDUCT
- Not occupying let property
- 10Paragraph 10
- Breach of tenancy agreement
- 11Paragraph 11
- Rent arrears
- 12Paragraph 12
- 12ASubstantial rent arrears Repealed
- Criminal behaviour
- 13Paragraph 13
- Anti-social behaviour
- 14Paragraph 14
- Association with person who has relevant conviction or engaged in relevant anti-social behaviour
- 15Paragraph 15
- Part 4: LEGAL IMPEDIMENT TO LET CONTINUING
- Landlord has ceased to be registered
- 16Paragraph 16
- HMO licence has been revoked
- 17Paragraph 17
- Overcrowding statutory notice
- 18Paragraph 18
- Schedule 4: CONSEQUENTIAL MODIFICATIONS
- Land Tenure Reform (Scotland) Act 1974
- 1Paragraph 1
- Rent (Scotland) Act 1984
- 2Paragraph 2
- Bankruptcy (Scotland) Act 1985
- 3Paragraph 3
- Housing (Scotland) Act 1987
- 4Paragraph 4
- Social Security Contributions and Benefits Act 1992 Not yet in force
- 5Paragraph 5 Not yet in force
- Requirements of Writing (Scotland) Act 1995
- 6Paragraph 6
- Housing (Scotland) Act 2001
- 7Paragraph 7
- Homelessness etc. (Scotland) Act 2003
- 8Paragraph 8
- Housing (Scotland) Act 2006
- 9Paragraph 9
- Bankruptcy and Diligence etc. (Scotland) Act 2007
- 10Paragraph 10
- Housing (Scotland) Act 2014
- 11Paragraph 11
- Schedule 5: TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS
- Part 1: NO NEW ASSURED TENANCIES
- No new assured tenancies
- 1Paragraph 1
- No new short assured tenancies
- 2Paragraph 2
- Part 2: CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES
- Change of tenancy status by agreement
- 3Paragraph 3
- Change of tenancy status on succession
- 4Paragraph 4
- 5Paragraph 5