# The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017, Schedule: PROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 1stDECEMBER 2017


Column 1
Provision of the 2016 Act
Column 2
Subject matter
Column 3
Purpose
Section 1
Meaning of private residential tenancy
Section 2
Interpretation of section 1 (of the 2016 Act)
Section 3
Writing not required to constitute private residential tenancy
Section 4
Extended meaning of tenancy in the 2016 Act
Section 5
Extended meaning of tenancy and related expressions in other enactments
Section 6
Power to modify schedule 1
Section 7
Statutory terms of tenancy
Insofar as not already in force
Section 9
Protection of terms allowing use of shared living accommodation
Section 10
Duty to provide written terms of tenancy
Section 13
Prohibition on charging for information
Section 14
Application to First-tier Tribunal to draw up terms
Section 15
First-tier Tribunal’s power to draw up terms
Section 16
First-tier Tribunal’s power to sanction failure to provide information
Section 17
Meaning of notice period in sections 14 and 16 (of the 2016 Act)
Insofar as not already in force
Section 18
Method by which rent may be increased
Section 19
Frequency with which rent may be increased
Section 20
No premiums, advance payments, etc.
Section 21
Restriction on diligence
Section 22
Landlord’s power to increase rent
Insofar as not already in force
Section 23
Modification of rent-increase notice by parties
Section 24
Tenant’s right to refer increase to rent officer
Insofar as not already in force
Section 25
Rent officer’s power to set rent
Section 26
Rent officer’s duty to issue provisional order
Section 27
Rent officer’s power to correct final order
Section 28
Right of appeal to First-tier Tribunal
Section 29
First-tier Tribunal’s power to set rent
Section 30
Finality of First-tier Tribunal’s decision
Section 31
Liability of over or under paid rent
Section 32
Determination of open market rent
Section 33
Withdrawal of referral or appeal
Section 34(1)
Duty to make information available
Section 35
Request by local authority that a zone be designated
Section 36
Scottish Ministers’ duty to react to request
Section 37
Power to designate a zone
Section 38
Restriction on rent increases within a zone
Section 39
Limits on power to designate a zone
Section 40
Procedure for designating a zone: consultation and information
Section 41
Power to change inflation index
Section 42
Rent officer’s power to allow rent rise in consequence of improvement
Section 43
Further provision about making and determining an application under section 42 (of the 2016 Act)
Insofar as not already in force
Section 44
No termination by parties except in accordance with Part 5 of the 2016 Act
Section 45
Landlord’s interest transfers with ownership of property
Section 46
Protection for sub-tenants
Section 47
Qualification of sub-tenant protection
Section 48
Tenant’s ability to bring tenancy to an end
Section 49
Requirements for notice to be given by tenant
Section 50
Termination by notice to leave and tenant leaving
Section 51
First-tier Tribunal’s power to issue an eviction order
Section 52
Applications for eviction orders and consideration of them
Section 53
First-tier Tribunal’s power to disapply protection for sub-tenants
Section 54
Restriction on applying during the notice period
Section 55
Restriction on applying 6 months after the notice period expires
Section 56
Restriction on applying without notifying local authority
Section 57
Wrongful termination by eviction order
Section 58
Wrongful termination without eviction order
Section 59
Wrongful-termination order
Section 60
Notice to local authority of wrongful-termination order
Section 61
(Requirements of) Sub-tenancy notice to leave
Insofar as not already in force
Section 62
Requirements of notice to leave and stated eviction ground
Insofar as not already in force
Section 63
Landlord includes lender in some cases
Section 64
Six month periods
Section 65
Termination of tenancy on tenant’s death
Section 66
Termination of joint tenant’s interest on death
Section 67
Partner’s entitlement to inherit
Section 68
Other family member’s entitlement to inherit
Section 69
Carer’s entitlement to inherit
Section 70
Interpretation of Part 6 of the 2016 Act
Section 71
First-tier Tribunal’s jurisdiction
Section 72
First-tier Tribunal’s duty to report unregistered landlords
Section 73
Minor errors in documents
Section 74
Consequential modifications
For the purpose of commencing paragraphs 1 to 4 and 6 to 11 of schedule 4
Section 75
Transitional provision
Schedule 1
Tenancies which cannot be private residential tenancies
Schedule 3
Eviction grounds
Schedule 4, paragraphs 1 to 4 and 6 to 11
Consequential modifications
Schedule 5
Transition from regimes under earlier enactments

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Source: https://www.legislation.gov.uk/ssi/2017/346/schedule (the official version)
Page: https://openlegislation.uk/private-housing-tenancies-scotland-act-2016-commencement-no-3-amendment-saving-provision-and-revocation-regulations-2017/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

