# Housing (Scotland) Act 2006, Section 12: Tenancies to which repairing standard duty applies

Extent: S

(1) This Chapter applies to any tenancy of a house let for human habitation unless it is—
(a) a Scottish secure tenancy or a short Scottish secure tenancy,
(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,
(c) a tenancy of a house which is—
(i) on land comprised in a lease constituting—
(A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),
(B) a short limited duration tenancy (within the meaning of that Act), ...
(C) a limited duration tenancy (within the meaning of that Act), and
(D) a modern limited duration tenancy (within the meaning of that Act), or
(E) a repairing tenancy (within the meaning of that Act),
(ii) occupied by the tenant of the relevant lease,
(d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or
(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.
(f) a holiday let which is not a short-term let.
(2) A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.
(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).
(4) In this section—
“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,
“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.

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Source: https://www.legislation.gov.uk/asp/2006/1/section/12 (the official version)
Page: https://openlegislation.uk/housing-scotland-act-2006/section-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.