LegalizeThe Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017
Made: 12th September 2017
Laid before the Scottish Parliament: 14th September 2017
Coming into force: 1st December 2017
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Citation, commencement and interpretation
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Appointed day
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Saving provision
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SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 1stDECEMBER 2017
| Column 1 Provision of the Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 1 | Meaning of private residential tenancy | |
| Section 2 | Interpretation of section 1 (of the Act) | |
| Section 3 | Writing not required to constitute private residential tenancy | |
| Section 4 | Extended meaning of tenancy in the 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 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 Act) | Insofar as not already in force |
| Section 44 | No termination by parties except in accordance with Part 5 of the 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 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 |
Signed
KEVIN STEWART — Authorised to sign by the Scottish Ministers — 12th September 2017
Explanatory note
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Footnotes
[^f00001]: 2016 asp 19.
[^f00002]: 1988 c.43. Section 32 is amended by schedule 5, Part 1, paragraph 2(2) of the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”). Section 33 is amended by section 34 of the Private Rented Housing (Scotland) Act 2011 (asp 14), schedule 1, Part 1, paragraph 44 of the Housing (Scotland) Act 2014 (asp 14) and schedule 5, Part 1, paragraph 2(3) of the 2016 Act.
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Editorial notes
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