Private Housing (Tenancies) (Scotland) Act 2016
Private Housing (Tenancies) (Scotland) Act 2016 (2016 asp 19)
- Private Housing (Tenancies) (Scotland) Act 2016 (2016 asp 19)
- PART 1 Private residential tenancy
- 1 Meaning of private residential tenancy
- 2 Interpretation of section 1
- 3 Writing not required to constitute private residential tenancy
- 4 Extended meaning of tenancy in this Act
- 5 Extended meaning of tenancy and related expressions in other enactments
- 6 Power to modify schedule 1
- PART 1A Choice of tenant
- 6A Offence of discriminating in relation to children
- 6B Offence of discriminating in relation to benefits status
- 6C Discriminatory terms relating to children or benefits status
- 6D No prohibition on taking income into account
- 6E Interpretation of Part 1A
- PART 2 Tenancy terms
- 7 Statutory terms of tenancy
- 8 Regulations under section 7
- 9 Protection of terms allowing use of shared living accommodation
- PART 3 Tenancy information
- Landlord's duties to provide information
- 10 Duty to provide written terms of tenancy
- 11 Duty to provide specified information
- 12 Regulations about providing information
- 13 Prohibition on charging for information
- First-tier Tribunal's powers
- 14 Application to First-tier Tribunal to draw up terms
- 15 First-tier Tribunal's power to draw up terms
- 16 First-tier Tribunal's power to sanction failure to provide information
- 17 Meaning of notice period in sections 14 and 16
- Information about rent to be included in advertisements
- 17A Prospective landlords’ duty to include information about rent in advertisements: property is not exempt property
- 17B Prospective landlords’ duty to include information about property in advertisements: exempt property
- PART 4 Rent: properties not in a rent control area (or properties that are exempt properties)
- CHAPTER 1 Restrictions in relation to rent, other charges and diligence
- Application of this Part
- 17C Application of this Part
- 17D Meaning of “exempt property”
- Restrictions on rent increases
- 18 Method by which rent may be increased
- 19 Frequency with which rent may be increased
- Restrictions on other charges and diligence
- 20 No premiums, advance payments, etc.
- 21 Restriction on diligence
- CHAPTER 2 Rent variation instigated by landlord's notice
- Process by which rent may be varied
- 21A Rent cap controls
- 22 Landlord's power to increase rent
- 23 Modification of rent-increase notice by parties
- 24 Tenant's right to refer increase to rent officer
- 25 Rent officer's power to set rent
- 26 Rent officer's duty to issue provisional order
- 27 Rent officer's power to correct final order
- 28 Right of appeal to First-tier Tribunal
- 29 First-tier Tribunal's power to set rent
- 30 Finality of First-tier Tribunal's decision
- 31 Liability for over or under paid rent
- 31A Determination of rent payable
- 32 Determination of open market rent
- 33 Withdrawal of referral or appeal
- ...
- 33ZA Power to modify Chapter 2
- Chapter 2A Rent variation instigated by landlord’s application to rent officer
- 33A Landlord application to rent officer to increase rent above permitted rate
- 33B Rent officer’s power to apply rent increase above permitted rate
- 33C Appeal to the First-tier Tribunal
- 33D Withdrawal or dismissal of appeal to the First-tier Tribunal
- 33E Finality of First-tier Tribunal’s decision
- 33F Powers to adjust maximum amount of increased costs by which rent may be increased
- 33G Liability for underpaid rent
- Information about open market rent determinations
- 34 Duty to make information available
- ...
- 34A Power to modify Chapter
- ... Chapter 3
- Part 4A Rent: properties in a rent control area (other than exempt properties)
- Chapter 1 Initial provisions and restrictions in relation to rent etc.
- Application of this Part
- 43A Application of this Part
- Key definitions in this Part
- 43B Meaning of property that is “previously let” and the “immediately preceding tenancy”
- 43C Meaning of “relevant rent increase”
- 43D Meaning of “permitted rate”
- 43E Meaning of “permitted rate”: further provision
- 43F Meaning of other terms
- Restriction on setting of initial rent by landlord
- 43G Restriction on setting of initial rent by landlord
- Restrictions on rent increases
- 43H Method by which rent may be increased
- 43I Frequency with which rent may be increased
- Restrictions on other charges and diligence
- 43J No premiums, advance payments, etc.
- 43K Restriction on diligence
- Chapter 2 rent variation instigated by landlord’s notice
- Rent-increase notice given by landlord
- 43L Landlord’s power to increase rent by no more than the permitted rate
- 43M Modification of rent-increase notice by parties
- Tenant’s referral of rent-increase notice to rent officer
- 43N Tenant’s right to refer rent-increase notice to rent officer
- 43O Rent officer’s power to set rent
- 43P Rent officer’s power to correct order
- 43Q Right of review to another rent officer
- 43R Other rent officer’s power to set rent
- Tenant’s application to First-tier Tribunal relating to rent-increase notice
- 43S Tenant's right to apply to First-tier Tribunal in relation to rent-increase notice
- 43T First-tier Tribunal’s powers on an application under section 43S(1)
- Matters arising from referral to rent officer or application to First-tier Tribunal
- 43U Tenant’s liability for underpaid rent
- 43V Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal
- Chapter 3 Power of First-tier Tribunal to require landlords to pay penalty or compensation
- 43W Power of First-tier Tribunal to require landlords to pay penalty or compensation
- PART 5 Termination
- CHAPTER 1 Security of tenure
- 44 No termination by parties except in accordance with this Part
- 45 Landlord's interest transfers with ownership of property
- 46 Protection for sub-tenants
- 47 Qualification of sub-tenant protection
- CHAPTER 2 Termination by tenant
- 48 Tenant's ability to bring tenancy to an end
- 48A Pre-notice to be given to other joint tenants
- 49 Requirements for notice to be given by tenant
- CHAPTER 3 Termination at landlord's instigation
- Consensual termination
- 50 Termination by notice to leave and tenant leaving
- Eviction order
- 51 First-tier Tribunal's power to issue an eviction order
- 52 Applications for eviction orders and consideration of them
- 53 First-tier Tribunal's power to disapply protection for sub-tenants
- Restrictions on applying for eviction order
- 54 Restriction on applying during the notice period
- 55 Restriction on applying 6 months after the notice period expires
- 56 Restriction on applying without notifying local authority
- Wrongful termination
- 57 Wrongful termination by eviction order
- 58 Wrongful termination without eviction order
- 59 Wrongful-termination order
- 60 Notice to local authority of wrongful-termination order
- Sub-tenancies
- 61 Sub-tenancy notice to leave
- CHAPTER 4 Interpretation of Part
- 62 Meaning of notice to leave and stated eviction ground
- 63 Landlord includes lender in some cases
- 64 Six month periods
- Part 5A keeping pets and making changes to let property
- Chapter 1 Keeping pets
- 64A Tenant’s right to keep a pet
- 64B Consent to keep a pet
- 64C Restrictions on keeping a pet: right of appeal
- 64D Restrictions on keeping a pet: decisions on appeal
- 64E Power to make provision about when it is reasonable to refuse consent to keep a pet
- 64F Power to make provision about when a consent condition for keeping a pet is reasonable
- 64G Regulations under sections 64E and 64F: consultation
- Chapter 2 Making changes to let property
- 64H Tenant’s right to make changes to let property
- 64I Consent for category 2 changes
- 64J Restrictions on category 2 changes: right of appeal
- 64K Restrictions on category 2 changes: decisions on appeal
- 64L Power to specify changes to a let property that may be made by the tenant
- 64M Power to make provision about when it is reasonable to refuse consent for a category 2 change
- 64N Power to make provision about when a consent condition for a category 2 change is reasonable
- 64O Regulations under sections 64L, 64M and 64N: consultation
- PART 6 Death of the tenant
- 65 Termination of tenancy on tenant's death
- 66 Termination of joint tenant's interest on death
- 67 Partner's entitlement to inherit
- 68 Other family member's entitlement to inherit
- 69 Carer's entitlement to inherit
- 70 Interpretation of Part
- PART 7 Miscellaneous provisions
- 71 First-tier Tribunal's jurisdiction
- 72 First-tier Tribunal's duty to report unregistered landlords
- 73 Minor errors in documents
- PART 8 Consequential and transitional provision
- 74 Consequential modifications
- 75 Transitional provision
- PART 9 Final provisions
- 75A Crown application
- 76 Ancillary regulations
- 77 Regulation-making powers
- 78 Interpretation
- 79 Commencement
- 80 Short title
- SCHEDULE 1 TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES
- Low rent
- Shop
- Licensed premises
- Agricultural land
- Student let
- Holiday let
- Resident landlord
- Police housing
- Military housing
- Social housing
- Sublet, assigned, etc. social housing
- Homeless persons
- Persons on probation or released from prison etc.
- Asylum seekers
- Displaced persons
- Shared ownership
- Tenancies under previous legislation
- Accommodation for veterans and care leavers
- SCHEDULE 2 STATUTORY TERMS REQUIRED BY SECTION 8
- Rent receipts
- Rent increases
- Notification about other residents
- Subletting etc.
- Access for repairs etc.
- SCHEDULE 3 EVICTION GROUNDS
- PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE
- Landlord intends to sell
- Landlord intends to sell property to alleviate financial hardship
- Property to be sold by lender
- Landlord intends to refurbish
- Landlord intends to live in property
- Landlord intends to live in property to alleviate financial hardship
- Family member intends to live in property
- Landlord intends to use for non-residential purpose
- Property required for religious purpose
- PART 2 TENANT'S STATUS
- Not an employee
- No longer in need of supported accommodation
- PART 3 TENANT'S CONDUCT
- Not occupying let property
- Breach of tenancy agreement
- Rent arrears
- Substantial rent arrears
- Criminal behaviour
- Anti-social behaviour
- Association with person who has relevant conviction or engaged in relevant anti-social behaviour
- PART 4 LEGAL IMPEDIMENT TO LET CONTINUING
- Landlord has ceased to be registered
- HMO licence has been revoked
- Overcrowding statutory notice
- SCHEDULE 4 CONSEQUENTIAL MODIFICATIONS
- Land Tenure Reform (Scotland) Act 1974
- Rent (Scotland) Act 1984
- Bankruptcy (Scotland) Act 1985
- Housing (Scotland) Act 1987
- Social Security Contributions and Benefits Act 1992
- Requirements of Writing (Scotland) Act 1995
- Housing (Scotland) Act 2001
- Homelessness etc. (Scotland) Act 2003
- Housing (Scotland) Act 2006
- Bankruptcy and Diligence etc. (Scotland) Act 2007
- Housing (Scotland) Act 2014
- SCHEDULE 5 TRANSITION FROM REGIMES UNDER EARLIER ENACTMENTS
- PART 1 NO NEW ASSURED TENANCIES
- No new assured tenancies
- No new short assured tenancies
- PART 2 CONVERSION OF TENANCIES UNDER PREVIOUS REGIMES
- Change of tenancy status by agreement
- Change of tenancy status on succession
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