Section 34 Short Scottish secure tenanciesI1

Scotland

(1)

A tenancy of a house is a short Scottish secure tenancy if—

(a)

it would have been a Scottish secure tenancy but for this section,

(b)

it is for a term of not less than 6 months, and

(c)

before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).

(2)

A prospective landlord may serve a notice under subsection (4) only where any of the paragraphs of schedule 6 is satisfied.

(3)

The Scottish Ministers may by order modify that schedule.

(4)

A notice under this subsection—

(a)

must be in such form as the Scottish Ministers may prescribe by regulations,

(b)

must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and

(c)

must specify the term of the tenancy.

(5)

At the ish of the tenancy it may continue—

(a)

by tacit relocation, or

(b)

by express agreement,

and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.

F1(5A)

Subsection (5) does not apply to a tenancy mentioned in subsection (6A).

(6)

The provisions of this Chapter, except sections 11(2) and (4), 12 and 22 and schedules 1 and 3, apply to a short Scottish secure tenancy as they do to a Scottish secure tenancy.

F2(6A)

A tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 has a term of 12 months from the day on which the tenancy is granted.

(7)

Where a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 F3 , 2 or 2A of schedule 6 the landlord must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37.

(8)

The Scottish Ministers may issue guidance as to the housing support services which are appropriate for the purposes of subsection (7).

F4(9)

A landlord must have regard to any guidance published by the Scottish Ministers—

(a)

before creating a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, and

(b)

when taking any steps in relation to such a tenancy with a view to—

(i)

extending the term of the tenancy under section 35A, or

(ii)

raising proceedings for the recovery of possession of the house under section 36.

(10)

Before publishing any guidance mentioned in subsection (9), the Scottish Ministers must consult such persons as they consider appropriate.

Annotations

Textual amendments

F1: S. 34(5A) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 9(1)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F2: S. 34(6A) inserted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 9(1)(b), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F3: Words in s. 34(7) substituted (1.5.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 7(1)(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 3, 9)
F4: S. 34(9)(10) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 7(1)(b), 104(3); S.S.I. 2014/264, art. 2, sch.

Commencement

I1: S. 34 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)

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))