{
  "url": "https://openlegislation.uk/housing-scotland-act-2006/section-12",
  "json_url": "https://openlegislation.uk/housing-scotland-act-2006/section-12.json",
  "legislation": "asp/2006/1",
  "legislation_title": "Housing (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/housing-scotland-act-2006",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Tenancies to which repairing standard duty applies",
  "text": "(1) This Chapter applies to any tenancy of a house let for human habitation unless it is—\n(a) a Scottish secure tenancy or a short Scottish secure tenancy,\n(b) a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,\n(c) a tenancy of a house which is—\n(i) on land comprised in a lease constituting—\n(A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),\n(B) a short limited duration tenancy (within the meaning of that Act), ...\n(C) a limited duration tenancy (within the meaning of that Act), and\n(D) a modern limited duration tenancy (within the meaning of that Act), or\n(E) a repairing tenancy (within the meaning of that Act),\n(ii) occupied by the tenant of the relevant lease,\n(d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or\n(e) a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.\n(f) a holiday let which is not a short-term let.\n(2) A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.\n(3) For the purposes of this Chapter, a short-term let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly).\n(4) In this section—\n“a holiday let” is a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday,\n“a short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 12(1)(c)(i) repealed (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 9(2)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 14)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 12(1)(c)(i)(D)(E) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 9(2)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 14)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 12(1)(f) substituted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 3(1)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 12(3)(4) inserted (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), art. 1, sch. 4 para. 2(3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 12(4) substituted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 3(1)(b)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ssi/2019/61",
      "affecting_title": "The Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/1/section/12",
    "retrieved_at": "2026-10-29T20:16:19.148871+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}