{
  "url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/section-46",
  "json_url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/section-46.json",
  "legislation": "asp/2016/19",
  "legislation_title": "Private Housing (Tenancies) (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/private-housing-tenancies-scotland-act-2016",
  "path": "section/46",
  "kind": "section",
  "number": "46",
  "heading": "Protection for sub-tenants",
  "text": "(1) Subsection (2) applies (subject to section 47) where—\n(a) a lawfully granted sub-tenancy is terminated by the termination of the tenancy of the person who was the landlord under the sub-tenancy, and\n(b) immediately before it terminated, the sub-tenancy was a private residential tenancy.\n(2) On the termination of the sub-tenancy, the person who was the tenant under the sub-tenancy becomes the tenant under a new tenancy which—\n(a) has the same terms as the sub-tenancy had immediately before it was terminated, and\n(b) is deemed to have been granted at the time that the sub-tenancy terminated by whoever was entitled to grant a tenancy in those terms at that time.\n(3) A sub-tenancy is not lawfully granted for the purpose of subsection (1) if—\n(a) sub-letting the let property is precluded by a term of—\n(i) the tenancy of the person who granted the sub-tenancy (“the mid-landlord”), or\n(ii) the tenancy of a tenant from whom the mid-landlord's tenancy is held (directly or indirectly), and\n(b) the person entitled to enforce the term mentioned in paragraph (a) has not expressly or impliedly consented to the sub-tenancy being granted or continuing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 46 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/19/section/46",
    "retrieved_at": "2026-10-29T20:13:28.355400+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."
}