# Private Housing (Tenancies) (Scotland) Act 2016, Section 46: Protection for sub-tenants


(1) Subsection (2) applies (subject to section 47) where—
(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
(b) immediately before it terminated, the sub-tenancy was a private residential tenancy.
(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—
(a) has the same terms as the sub-tenancy had immediately before it was terminated, and
(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.
(3) A sub-tenancy is not lawfully granted for the purpose of subsection (1) if—
(a) sub-letting the let property is precluded by a term of—
(i) the tenancy of the person who granted the sub-tenancy (“the mid-landlord”), or
(ii) the tenancy of a tenant from whom the mid-landlord's tenancy is held (directly or indirectly), and
(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.

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Source: https://www.legislation.gov.uk/asp/2016/19/section/46 (the official version)
Page: https://openlegislation.uk/private-housing-tenancies-scotland-act-2016/section-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.