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Section 31A Tenant’s right to keep a petF1

Not yet in force

(1)

It is a term of every Scottish secure tenancy that the tenant may keep a pet (or pets) at the house with the consent in writing of the landlord, which must not be unreasonably withheld (but see subsection (3)).

(2)

The provisions of Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy (but see subsection (3)).

(3)

The terms of a Scottish secure tenancy that have effect by virtue of subsections (1) and (2) may be modified by a landlord so that, under the terms of the tenancy, the tenant may keep a pet at the house without the consent of the landlord.

(4)

In this section, sections 31B and 31C and Part 1A of schedule 5—

  • “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976,

  • “pet” means an animal kept by a person mainly for—

    1. (a)

      personal interest (including as regards its welfare, treatment or training),

    2. (b)

      companionship,

    3. (c)

      ornamental purposes, or

    4. (d)

      any combination of paragraphs (a) to (c),

  • “tenant”, in the case of a joint tenancy, does not include the other joint tenant or tenants.

Annotations

Textual amendments

F1

Ss. 31A-31D and cross-heading inserted (1.4.2026 for the insertion of ss. 31B, 31C, 31D to enable the Scottish Ministers to consult or make regulations; otherwise prosp.) by Housing (Scotland) Act 2025 (asp 13), ss. 36(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

Notes on the whole Act

Textual amendments

F1

Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))