Private Housing (Tenancies) (Scotland) Act 2016

Private Housing (Tenancies) (Scotland) Act 2016 An Act of the Scottish Parliament to make provision about private rented housing; in particular to establish a new type of tenancy to be known as a private residential tenancy. A tenancy is a private residential tenancy where— the tenancy is one under which a property is let to an individual (“the tenant”) as a separate dwelling, the tenant occupies the property (or any part of it) as the tenant's only or principal home, and the tenancy is not one which schedule 1 states cannot be a private residential tenancy. A tenancy which is a private residential tenancy does not cease to be one by reason only of the fact that subsection (1)(b) is no longer satisfied. This section makes provision about the interpretation of section 1. A tenancy is to be regarded as one under which a property is let to an individual notwithstanding that it is let jointly to an individual, or individuals, and another person. A tenancy is to be regarded as one under which a property is let as a separate dwelling, despite the let property including other land, where the main purpose for letting the property is to provide the tenant with a home. A tenancy is to be regarded as one under which a property is let as a separate dwelling if, despite the let property lacking certain features or facilities–– the terms of the tenancy entitle the tenant to use property in common with another person (“shared accommodation”), and the let property would be regarded as a separate dwelling were it to include some or all of the shared accommodation. In a case where two or more persons jointly are the tenant under a tenancy, references to the tenant in section 1(1)(b) and in subsection (3) are to any one of those persons. A purported contract becomes lawfully constituted, despite not being constituted in a written document as required by section 1(2) of the Requirements of Writing (Scotland) Act 1995, when— a person occupies a property as the person's only or principal home in pursuance of the purported contract's terms, and the tenancy which the purported contract would create, were it lawfully constituted, would satisfy the conditions in paragraphs (a) and (c) of section 1(1). Any term of a purported contract which is unrelated to a private residential tenancy is not to be regarded as a term of the contract for the purpose of subsection (1). For the purposes of this Act— if an agreement would give rise to a tenancy but for the fact that it does not specify an ish, it is to be regarded as giving rise to a tenancy, once an agreement has given rise to a private residential tenancy, it is to continue to be regarded as giving rise to a tenancy despite the term of the agreement requiring the tenant to pay rent subsequently being removed from the agreement or otherwise ceasing to have effect. Unless the contrary intention appears, a reference in any enactment to— a tenancy includes a private residential tenancy, a landlord or tenant includes a landlord or tenant under a private residential tenancy, property being let includes property being let under a private residential tenancy, a lease includes an agreement giving rise to a private residential tenancy. The Scottish Ministers may by regulations modify schedule 1. Before making regulations under subsection (1), the Scottish Ministers must consult such persons representing the interests of tenants and landlords under private residential tenancies as they think fit. It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy— prevent a person, on the basis that the relevant person believes that the property would or may be used by a child if the property were the person’s home, from— enquiring whether the property is available for let, accessing information about the property, viewing the property in order to consider whether to seek to rent it, or entering into a tenancy of the property, or apply a provision, criterion or practice in order to make people who would allow the property to be used by a child less likely to enter into a tenancy of the property than people who would not. It is a defence for the relevant person to show— that the conduct is a proportionate means of achieving a legitimate aim, or that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. Conduct does not constitute an offence under subsection (1) if it consists only of— things done by a person who does nothing in relation to the property other than one or more of the following things— publishing advertisements or disseminating information, providing a means by which a prospective landlord can communicate directly with a prospective tenant, providing a means by which a prospective tenant can communicate directly with a prospective landlord, or things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers. A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. For the purpose of this section— a property is used by a child if a child lives with or visits a person at the property, a contract of insurance is an excluded contract of insurance if— section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from allowing a child to use the property, or to restrict the circumstances in which such a tenant may allow a child to do so. prevent a person, on the basis of the person’s benefits status, from— apply a provision, criterion or practice in order to make people who are or who, if the property were their home, may become benefits claimants less likely to enter into a tenancy of the property than people who are not. It is a defence for the relevant person to show that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. something is done on the basis of a person’s benefits status if it is done on the basis that the relevant person believes that the person is, or may be or, if the property were the person’s home, may become a benefits claimant, it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from being a benefits claimant. A term of a private residential tenancy is of no effect so far as the term makes provision (however expressed)— prohibiting the tenant from having a child live with or visit the tenant at the property or restricting the circumstances in which the tenant may have a child do so, or prohibiting the tenant from being a benefits claimant. But— subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— it contains a term which makes provision (however expressed) requiring the landlord— to prohibit the tenant from having a child live with or visit the tenant at the property or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the property, or to prohibit the tenant from being a benefits claimant. Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a private residential tenancy. In this Part— “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), “benefits and welfare legislation” means— the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007, the Welfare Reform Act 2012, the Pensions Act 2014, the Social Security (Scotland) Act 2018, “child” means a person under the age of 18, “prospective landlord” means a person who proposes to let a property on an agreement which may give rise to a private residential tenancy, “prospective tenant” means a person seeking to find a property to rent, “relevant person”, in relation to a property, means— the prospective landlord, a person acting or purporting to act directly or indirectly on behalf of the prospective landlord. The Scottish Ministers may by regulations prescribe terms (referred to in this Act as “statutory terms”). Statutory terms are terms of every private residential tenancy to which the regulations prescribing them apply, subject to any provision made under subsection (3). The Scottish Ministers may by regulations provide that— in some circumstances, a statutory term is not a term of a private residential tenancy, in some or all circumstances, a statutory term applies as a term of a private residential tenancy subject to any modification of the term agreed between the landlord and tenant under the tenancy. Regulations may not be made under section 7(1) unless— they prescribe, in relation to the tenancies to which the regulations are to apply, the terms set out in schedule 2, or those terms are prescribed in relation to those tenancies already. Regulations made under section 7 may not be revoked in exercise of the power conferred by that section to the extent that their revocation would result in terms set out in schedule 2 not applying in relation to some or all private residential tenancies. Nothing in this section prevents provision being made under section 7(3) so that— in some circumstances, a term set out in schedule 2 is not a term of a private residential tenancy, in some or all circumstances, a term set out in schedule 2 applies subject to modification. Before making regulations under section 7, the Scottish Ministers must consult such persons representing the interests of tenants and landlords under private residential tenancies as they think fit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A term of a private residential tenancy which entitles the tenant to use shared living accommodation may not be terminated or modified so as to reduce the entitlement which the tenant had at the commencement of the private residential tenancy, unless the tenant agrees to the termination or modification of the term after the tenancy commences. Subsection (1) does not affect the operation of any term of the tenancy which allows the identity or number of persons in common with whom the tenant is entitled to use the shared living accommodation to change. In this section, “shared living accommodation” means property–– which the terms of the tenancy entitle the tenant to use in common with another person, and which is of such a nature that any let property must include it, or be treated as including it, in order to be regarded as a separate dwelling. Where the terms of a private residential tenancy are not set out in writing between the parties, the landlord must, before the end of the day specified in subsection (2) or (as the case may be) (3), provide the tenant with a document which sets out all of the terms of the tenancy. The day referred to in subsection (1) is— the day on which the tenancy commences, if the tenancy is a private residential tenancy on that day, or the day falling 28 days after the day on which the tenancy became a private residential tenancy, if it became one after the day on which the tenancy commenced. If, as a result of a subsequent change to its terms, all of the terms of a private residential tenancy are no longer set out in writing— subsection (2) does not apply, and the day referred to in subsection (1) is the day falling 28 days after the change to the tenancy's terms takes effect. The Scottish Ministers may by regulations impose a duty on any person who is, or is to be, the landlord under a private residential tenancy to provide the person who is, or is to be, the tenant— with information specified in the regulations, by a deadline specified in the regulations. The power to specify information under subsection (1)(a) includes the power to specify the form in which the information is to be provided. But subsection (3) does not apply in any case in which consultation has been carried out by the Scottish Ministers more generally, without specific reference to such tenants and landlords. The Scottish Ministers may by regulations make provision about how a duty arising by virtue of section 10 or 11 is to be performed (including when the duty is to be deemed to have been performed). The person who is, or is to be, the tenant under a private residential tenancy may not be charged for being provided by the landlord with— a document which sets out the terms, or any term, of the tenancy, or information in performance of a duty arising by virtue of section 11. The tenant under a private residential tenancy may (subject to subsection (3)) apply to the First-tier Tribunal asking it to draw up the terms of the tenancy under section 15 if the landlord— has a duty under section 10 to provide the tenant with a document which sets out all of the terms of the tenancy, and the landlord has not provided that document to the tenant. Either the tenant or the landlord under a private residential tenancy may apply to the First-tier Tribunal asking it to draw up the terms of the tenancy under section 15 if the tenant or landlord thinks that the written terms of the tenancy purport to displace a statutory term in an unlawful manner. The tenant may not make an application under subsection (1) unless the tenant has given the landlord notice of the tenant's intention to make the application and the notice period described in section 17 has expired. For the purpose of subsection (2), written terms of a tenancy purport to displace a statutory term in an unlawful manner if— the statutory term is not included in the written terms of the tenancy but is a term of the tenancy because regulations under section 7(3)(a) do not provide otherwise, or the statutory term, as expressed in the written terms of the tenancy, bears to be subject to a modification which is not permitted by regulations under section 7(3)(b). In a case where two or more persons jointly are the tenant under a tenancy, references to the tenant in this section are to any one of those persons. In a case where two or more persons jointly are the landlord under a tenancy, references to the landlord in this section are to any one of those persons. On an application under section 14, the First-tier Tribunal may— draw up a document which accurately reflects all of the terms of the tenancy, or if there are already written terms of the tenancy and the Tribunal is satisfied that they accurately reflect all of the terms of the tenancy, make a declaration to that effect. A document that is drawn up by the Tribunal under subsection (1)(a) or is the subject of a declaration under subsection (1)(b) is to be regarded as setting out all of the terms of the tenancy at that time. On an application by the tenant under a private residential tenancy, the First-tier Tribunal may make an order under subsection (2) where— the landlord has failed to perform a duty arising by virtue of section 10 or 11 to provide the tenant with information, at the time the First-tier Tribunal considers the application, the landlord has still not provided the tenant with the information, and the landlord does not have a reasonable excuse for failing to perform the duty. An order under this subsection is one requiring the landlord to pay the person who made the application an amount not exceeding— three months' rent, if the order is in respect of a failure by the landlord to perform— a duty arising by virtue of section 10, or one or more duties arising by virtue of section 11, six months' rent, if the order is in respect of a failure by the landlord to perform— a duty arising by virtue of section 10, and one or more duties arising by virtue of section 11. An application under subsection (1)— may be made only during the course of the tenancy in question, where the application relates to a failure to perform a duty arising by virtue of section 10, may be made only as part of an application under section 14(1), and may not be made unless the tenant has given the landlord notice of the tenant's intention to make the application and the notice period described in section 17 has expired. If— an application has been made under subsection (1) in respect of a failure to perform a duty arising by virtue of section 11, and at the time the application was made, an application could have been made in respect of a failure to perform another duty arising by virtue of section 11, no application may be made in respect of that other duty. Where two or more persons jointly are the landlord under the tenancy in question, an order by the First-tier Tribunal under subsection (2) may— be made against all, some or only one of the joint landlords, state that each person against whom the order is made is liable to pay a specified amount, but the cumulative total of each of the specified amounts must not exceed the maximum set by subsection (2), state that each person against whom the order is made is jointly and severally liable for the whole amount to be paid. In subsection (2), “rent” means–– the amount that was payable in rent under the tenancy at the time that notice of the application was given to the landlord, and in a case where two or more persons jointly are the tenant under the tenancy, the amount mentioned in paragraph (a) divided by the number of those persons. For the purposes of sections 14(3) and 16(3)(c), a notice period— begins on the later of— the day that the landlord receives notice from the tenant of the tenant's intention to make the application in question, or the day after the deadline by which the landlord should have performed the duty to which the application in question relates, and expires on the day falling 28 days after it begins. Where the application in question relates to a failure by the landlord to perform more than one duty, the reference to the duty in subsection (1)(a)(ii) is to be read as a reference to the duty with the latest deadline for performance. A notice of a tenant's intention to make an application under section 14(1) or 16(1) must fulfil any requirements prescribed by the Scottish Ministers in regulations. A person— who proposes to let a property that is not an exempt property in a rent control area (“the advertised property”) on an agreement that may give rise to a private residential tenancy, and who is communicating with another person by way of advertisement in writing with a view to entering into such an agreement, must include the information mentioned in subsection (2) in the advertisement. The information referred to in subsection (1)— where the advertised property was let previously, is— the rent payable under the previous tenancy, whether there was a relevant rent increase during the period of 12 months before the date on which the advertisement of the advertised property is published, if there was such an increase, the date on which the most recent increase took effect, the rent that the prospective landlord proposes to be payable under the tenancy (but see also subsection (3)), confirmation that the property is in a rent control area, where the advertised property was not let previously, is— the rent that the prospective landlord proposes to be payable under the tenancy, confirmation that the property is in a rent control area. The information about the rent that the prospective landlord proposes to be payable under the tenancy (which must be included in the advertisement under subsection (2)(a)(iv)) must also mention that this proposed rent may change according to any variation in the consumer prices index before the start of any tenancy (in accordance with section 43G). For the purpose of subsection (2), subject to subsection (5), an advertised property was let previously if— there was a previous private residential tenancy or assured tenancy of property that is the same or substantially the same as the advertised property (“the previous tenancy”), the previous tenancy immediately preceded the proposed let of the advertised property, and the previous tenancy ended no more than 12 months before the date on which the advertisement of the advertised property is published. But an advertised property was not let previously if— the person who is to become the landlord under the proposed tenancy purchased the property with vacant possession, and the proposed tenancy is to be the first private residential tenancy of the property to be granted by that person since the purchase. The Scottish Ministers may by regulations— modify subsection (2) to add or remove information to be included in an advertisement referred to in subsection (1), modify subsection (4) or (5) to adjust the meaning of the expressions included in those subsections. In this section— “advertisement” includes any form of advertising whether— to the public generally, to any section of the public, or individually to selected persons, “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988, “consumer prices index” means— the all items consumer prices index published by the Statistics Board, or if that index is not published for a month, any substituted index or figures published by the Board, “exempt property” has the meaning given by section 17D(1), “relevant rent increase”, in relation to the advertised property, means— an increase in the amount payable in rent under a private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the advertised property (“a relevant tenancy”), a setting of the amount payable in rent at the start of a relevant tenancy (“tenancy A”) if— that amount exceeded the amount payable in rent at the end of the relevant tenancy immediately preceding tenancy A (“tenancy B”), tenancy B ended no more than 12 months before the start of tenancy A, and tenancy A was not the first private residential tenancy or assured tenancy of the property granted by the landlord under the tenancy following the landlord’s purchase of the property with vacant possession. For the purpose of this section, whether property let (or to be let) under a tenancy is the same or substantially the same as property let under an earlier tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy. Subsection (2) applies where a person— is proposing to let a property that is an exempt property in a rent control area on an agreement that may give rise to a private residential tenancy, and is communicating with another person by way of advertisement in writing with a view to entering into such an agreement. The person must include in the advertisement— a statement that the property is an exempt property, information about the manner in which the property has been confirmed, in accordance with regulations under section 17D(1), as being an exempt property, and any number (including a registration number) associated with the confirmation of the property as an exempt property. “advertisement” has the same meaning as in section 17A, “exempt property” has the meaning given by section 17D(1). This Part applies in relation to a private residential tenancy of a property that— is not in a rent control area, or is in a rent control area but is an exempt property. In this Part, “exempt property” has the meaning given by section 17D(1). In this Part and Part 4A, an “exempt property” means a property that— is of a description specified in regulations made by the Scottish Ministers, and is confirmed as being of that description in accordance with one or more processes specified in those regulations. Regulations under subsection (1) may specify a description referred to in paragraph (a) of that subsection, in relation to a property, by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular— a description of the circumstances relating to the landlord of the property, a description of the circumstances relating to the tenant of the property, a description of the property according to its type. A process referred to in subsection (1)(b) that is specified in regulations under subsection (1), in relation to a property, may, in particular, include— approval by a person specified in the regulations that the property is of a description referred to in subsection (1)(a), signification in a form specified in the regulations that the property is of a description referred to in subsection (1)(a), which may include the inclusion of the property in a register specified in the regulations. If regulations under subsection (1) provide that a person specified in the regulations is to approve that a property is of a description referred to in subsection (1)(a), the regulations may, in particular, make provision for or in connection with— the procedure to be followed in connection with applications for approval, the form and manner in which applications are to be made (including the documents that are to accompany applications), fees in connection with applications, the duration of approval, the withdrawal of approval, publication of decisions to approve or to refuse to approve applications, appeals against— a decision to refuse approval, or a decision to withdraw approval, requirements for the landlord of a property to notify any tenant— that an application for approval has been made, and of the outcome of the application. If regulations under subsection (1) provide that confirmation that a property is of a description referred to in subsection (1)(a) is to be signified by the inclusion of the property in a register specified in the regulations, the regulations may, in particular, make provision for or in connection with— the establishment and maintenance of the register, the procedure to be followed in connection with applications for entry of a property in the register, the period for which a property is to be entered in the register (unless the entry is removed earlier), removal of entries from the register, access to the register by members of the public, a decision to refuse to enter a property in the register, or a decision to remove a property from the register, that an application for entry of the property in the register has been made, and Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers— must consult persons who appear to them to represent the interests of tenants and landlords, and may consult any other person they consider appropriate. The requirement to consult under subsection (6)(a) may be met by consultation carried out before this section takes effect. The rent payable under a private residential tenancy may be increased only in accordance with Chapter 2. The rent payable under a private residential tenancy may not be increased more than once in a 12 month period. For the purpose of subsection (1), in a case where the last rent increase resulted from an order of the rent officer or the First-tier Tribunal, the 12 month period is to be regarded as commencing on the date on which the rent would have been increased in accordance with section 22(4) had a referral to a rent officer not been made. Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a private residential tenancy as they apply in relation to a tenancy of the kind to which those sections refer. section 83(5) of that Act is to be ignored, the date mentioned in section 88(1) of that Act is to be read as if it were the date on which this section comes into force. Except with the leave of the First-tier Tribunal, no diligence is to be done in respect of— the rent due by a tenant or former tenant under a private residential tenancy, any liability of a tenant or former tenant arising under section 31. The landlord under a private residential tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”). The notice must–– specify–– the rent that will be payable once the increase takes effect, the day on which the increase is to take effect, and fulfil any other requirements prescribed by the Scottish Ministers in regulations. The rent increase takes effect on the effective date, unless before that date— the landlord intimates to the tenant that the notice is rescinded, or the tenant makes a referral to a rent officer under section 24. For the purpose of subsection (3), the effective date is the date of the later of— the day specified in the notice in accordance with subsection (2)(a)(ii), or the day after the day on which the minimum notice period ends. In subsection (4)(b), “the minimum notice period” means a period which— begins on the day the notice is received by the tenant, and ends on the day falling— three months after it began, or whatever longer period after it began as the landlord and tenant have agreed between them. In subsection (5), the reference to a period of three months is to a period which ends in the month which falls three months after the month in which it began, either— on the same day of the month as it began, or if the month in which the period ends has no such day, on the final day of that month. Anything specified in a rent-increase notice in accordance with section 22(2)(a) may be modified by agreement between the landlord and tenant concerned. A modification made to a rent-increase notice by virtue of subsection (1) ceases to have effect if the notice subsequently prompts a referral to a rent officer under section 24(1). Having received a rent-increase notice, a tenant may make a referral to a rent officer for the area in which the let property is situated seeking an order under section 25. A referral to a rent officer under subsection (1) must be–– in the prescribed form, accompanied by the prescribed fee (if any), intimated by the tenant to the landlord in the prescribed manner, and made before the end of the day falling 21 days after the tenant receives the notice. In subsection (3), “prescribed” means prescribed by the Scottish Ministers by regulations. Where a rent officer receives a referral under section 24(1), the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the rent officer in accordance with section 32. For the purpose of subsection (1), the effective date is— where the rent officer makes the order 14 days or more before the original effective date, the original effective date, otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order. In an order made under subsection (1), the rent officer must record the amount of the rent that is fairly attributable to the provision of services, unless the amount is negligible or no amount is so attributable. In subsection (2)— “original effective date” means the date on which the rent would have been increased in accordance with section 22(4) had the referral to the rent officer not been made, and “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the tenancy. Before making an order under subsection (1) of section 25, a rent officer must issue a provisional order stating— the rent which the rent officer proposes to specify under that section, and the amount which the rent officer proposes to record for the purpose of subsection (3) of that section. Where a rent officer has issued a provisional order under subsection (1), the landlord or the tenant may ask the rent officer to reconsider the proposed amounts. A request under subsection (2) may not be made more than 14 days after the provisional order is issued. If a request is made under subsection (2), the rent officer must reconsider the proposed amounts prior to making an order under section 25(1). A rent officer may, within 14 days of making an order under section 25(1), re-make the order for the purpose of curing an error in the original order. The effective date of the re-made order is to be specified in accordance with subsection (2) of section 25 as though it were an order made under that section. Where an order has been re-made under this section— the original order is of no effect, references in this Chapter to an order made under section 25(1) are to be read as references to the re-made order, if the original order has been appealed against under section 28(1), the appeal is to be regarded as having been made against the re-made order. Subsection (3)(b) does not apply in relation to— subsection (1), section 26. Where a rent officer has made an order under section 25(1) in relation to the rent payable under a private residential tenancy, the landlord or the tenant may appeal against the order to the First-tier Tribunal. An order under section 25(1) may not be appealed against— more than 14 days after the order is made, or where the order is made by virtue of section 33(2). Making an appeal under subsection (1) renders the order being appealed against of no effect. Where an appeal is made to the First-tier Tribunal under section 28(1), the First-tier Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the First-tier Tribunal in accordance with section 32. where the First-tier Tribunal makes its order on or before the original effective date, the original effective date, otherwise, the first payment date falling on or after the day on which the First-tier Tribunal makes its order. In an order made under subsection (1), the First-tier Tribunal must record the amount of the rent that is fairly attributable to the provision of services, unless the amount is negligible or no amount is so attributable. “original effective date” means the date on which the rent would have been increased in accordance with section 22(4) had a referral to the rent officer not been made, and An order under section 29(1) may be reviewed in accordance with this section only. Accordingly (and without prejudice to the generality of subsection (1)), a decision of the First-tier Tribunal to make an order under section 29(1) may be neither— reviewed under section 43 of the Tribunals (Scotland) Act 2014, nor appealed against under section 46 of that Act. The First-tier Tribunal may review an order under section 29(1)— at its own instance, or at the request of the landlord or the tenant under the tenancy to which the order relates. In a review under subsection (3), the First-tier Tribunal may— take no action, or correct a minor error contained in the order. This section applies where–– the rent payable under a private residential tenancy has been changed by an order made under section 25(1) or 29(1), the effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in accordance with section 22(4) had a referral to a rent officer not been made (“the originally proposed effective date”), and the rent payable from the actual effective date (“the new rent”) differs from the rent payable immediately before that date (“the old rent”). If the new rent is less than the old rent, on the date the order is made the landlord becomes liable under this subsection to pay the tenant the difference between–– the amount actually paid in rent between the originally proposed effective date and the actual effective date, and the amount that would have been payable in rent during the same period had the new rent been the rent payable from the originally proposed effective date. If the new rent is more than the old rent, on the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between–– the amount that would have been payable in rent between the originally proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and the amount that should have been paid in rent during the same period (whether or not it was actually paid). Subsection (5) applies if, at the end of the day falling 28 days after a tenant's liability under subsection (3) arose, that liability is (in whole or in part) still outstanding. For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (4) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose. In this section, a reference to a period between two dates includes both of those dates. Where an order maker is to determine the rent under section 25(1) or (as the case may be) 29(1), the determination is to be made on the basis that the property in question would be let by a willing landlord to a hypothetical willing tenant under a new tenancy which would–– be a private residential tenancy, begin on the date on which the rent would have been increased in accordance with section 22(4) had a referral to a rent officer not been made, have the same terms as the tenancy to which the referral or (as the case may be) appeal relates. In determining the open market rent of the property under subsection (1), the order maker is to disregard— any positive effect on the rental value of the property that is attributable to work paid for or carried out by the tenant or a previous tenant under the same tenancy, unless the work was paid for or carried out pursuant to a requirement under the terms of the tenancy, any negative effect on the rental value that is attributable to a failure by the tenant or a previous tenant under the same tenancy to comply with the terms of the tenancy. In a case where two or more persons jointly are the tenant under a tenancy, a reference to the tenant in subsection (2) includes any one of them. This section applies— where a referral made under section 24(1) is withdrawn by the tenant, or where— an appeal made under section 28(1) is withdrawn by one party, and the other party has not made an appeal in respect of the tenancy in question, or any appeal made by the other party has been withdrawn. The order maker must make an order under section 25(1) or (as the case may be) 29(1) stating that from the effective date the rent payable under the tenancy is— the rent specified in the rent-increase notice, or an amount which the parties have asked the order maker to state in the order. Where the order maker is the First-tier Tribunal, an order may not be made by virtue of subsection (2) until the earlier of— the expiry of the period within which an appeal under section 28(1) may be made, or the date on which both parties become ineligible to make an appeal (whether by withdrawing an appeal or by waiving the right to appeal). The following do not apply in relation to an order made by virtue of subsection (2)— the requirement to record in the order an amount in accordance with section 25(3) or (as the case may be) 29(3), the duty to issue a provisional order under section 26. In subsection (2), “the rent-increase notice” means the rent-increase notice which prompted the referral or (as the case may be) led to the appeal. Rent officers and the First-tier Tribunal collectively must make publicly available information about— the rents they have taken into account in determining the open market rents for let properties under section 32, and what rents they have determined to be payable in accordance with that section. specify— the information that is to be made available under subsection (1), the manner in which it is to be made available, prescribe the fees (if any) which may be charged for supplying the information. This Part applies in relation to a private residential tenancy (in this Part, a “current tenancy”) of a property that— is in a rent control area, and is not an exempt property. In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that— is the same or substantially the same as the property that was let under the immediately preceding tenancy, and is not an excluded property as mentioned in subsection (2). For the purpose of subsection (1), the property let under the current tenancy is an excluded property if— it was purchased by the landlord under the tenancy with vacant possession, and the tenancy is the first private residential tenancy of the property granted by the landlord since the purchase. In this Part, a reference to the immediately preceding tenancy is, in relation to a current tenancy, a reference to a private residential tenancy or an assured tenancy that— immediately preceded the current tenancy, and ended no more than 12 months before the start of the current tenancy. The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section. In this Part, “relevant rent increase”, in relation to a current tenancy, means— an increase in the amount payable in rent under a previous private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the property let (or to be let) under the current tenancy (“a relevant tenancy”), a setting of the initial rent under a relevant tenancy (“tenancy A”) if— that initial rent is an amount exceeding the final rent under the relevant tenancy that immediately preceded tenancy A (“tenancy B”), the property let under tenancy A is not an excluded property as mentioned in subsection (2). For the purpose of subsection (1), property let under tenancy A is an excluded property if— the property was purchased by the landlord under tenancy A with vacant possession, and tenancy A was the first private residential tenancy or assured tenancy granted by the landlord since the purchase. In this Part, the “permitted rate” means the lower of— CPI% plus one percentage point (but see subsection (3)), and 6%. “CPI%” means the percentage increase or decrease (rounded to the nearest 0.1%) in the consumer prices index, calculated by reference only to— the latest index, and the index published for the month which was 12 months before that to which the latest index relates, “the latest index”— in a case of setting the initial rent under the current tenancy, means the last index published before the day on which the tenancy starts, in a case of a rent-increase notice, means the last index published before the day on which the notice is given to the tenant. If the total percentage determined under subsection (1)(a) is less than 0%, it is to be treated instead as if it were 0%. The Scottish Ministers may by regulations modify section 43D to substitute a different economic index for the one for the time being mentioned there. The Scottish Ministers may by regulations modify section 43D to— substitute a different percentage point for the one for the time being specified in subsection (1)(a) of that section, substitute a different percentage for the one for the time being specified in subsection (1)(b) of that section. The Scottish Ministers may make regulations under subsection (2) only if they consider that the modification is necessary to ensure that restrictions imposed by this Part on the rent payable under private residential tenancies of properties in a rent control area (other than exempt properties) are— necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and a necessary and proportionate control of landlords’ use of their property in the area. Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) or (2) before the Scottish Parliament, the Scottish Ministers— “final rent”, in relation to a tenancy, means the amount that was payable in rent at the end of the tenancy, “initial rent”, in relation to a tenancy, means the amount that is (or is to be) payable in rent at the start of the tenancy, “previous rent increase”, in relation to a current tenancy, means— a setting of the initial rent under the current tenancy that exceeds the final rent under the immediately preceding tenancy, or a relevant rent increase. For the purpose of this Part, whether property let under a tenancy is the same or substantially the same as property let under a previous tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy. This section applies if the property let (or to be let) under a current tenancy was previously let. If there was a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy. If there was not a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy as increased by the permitted rate. The rent payable under a current tenancy may be increased only in accordance with Chapter 2. The rent payable under a current tenancy may not be increased— if the let property was previously let— on the first occasion after the setting of the initial rent under the current tenancy, unless the most recent previous rent increase took effect more than 12 months previously, thereafter, more than once in a 12 month period, if the let property was not previously let— during the first 12 months of the current tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations, more than once in any other 12 month period. For the purpose of subsection (1)(a)(ii) or (b)(ii), where the last rent increase resulted from an order of a rent officer or the First-tier Tribunal, the 12 month period is to be regarded as commencing on the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made. Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a current tenancy as they apply in relation to a tenancy of the kind to which those sections refer. the rent due by a tenant or former tenant under a current tenancy, any liability of a tenant or former tenant arising under section 43U. The landlord under a current tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”). But the landlord under a current tenancy may not increase the rent payable under the tenancy by more than the permitted rate.

The rent-increase notice must–– the day on which the increase is to take effect, the reasons for the rent payable under the tenancy being increased, and the landlord intimates to the tenant that the notice is rescinded, the tenant makes a referral to a rent officer under section 43N(2), or the tenant applies to the First-tier Tribunal under section 43S(1). For the purpose of subsection (4), the effective date is the date of the later of— the day specified in the notice in accordance with subsection (3)(a)(ii), or In subsection (5)(b), “the minimum notice period” means the period that— In subsection (6), the reference to a period of three months is to a period that ends in the month that falls three months after the month in which it began, either— This section does not apply in relation to a current tenancy if the permitted rate is 0%. Anything specified in a rent-increase notice in accordance with section 43L(3)(a) may be modified by agreement between the landlord and tenant under the current tenancy. But the landlord and the tenant may not modify a rent-increase notice under subsection (2) so as to increase the rent payable under the current tenancy by more than the permitted rate. A modification made to a rent-increase notice by virtue of subsection (2) ceases to have effect if the notice subsequently prompts a referral to a rent officer under section 43N(2). If a tenant who has received a rent-increase notice considers that the proposed increase in the rent payable under the current tenancy is more than the permitted rate, the tenant must notify the landlord in writing of the tenant’s view before the end of the day falling 30 days after the tenant receives the notice. The tenant may make a referral to a rent officer for the area in which the let property is situated seeking a decision under section 43O in relation to the rent-increase notice if, before the end of the day falling 21 days after the landlord receives notification from the tenant under subsection (1), either— where the permitted rate is 0%, the landlord has not notified the tenant in writing that the rent-increase notice has been withdrawn, or in any other case, the landlord and the tenant have not agreed to a modification of the rent-increase notice so as to increase the rent payable in respect of the let property by no more than the permitted rate. A referral to a rent officer under subsection (2) must be–– made before the end of the day falling 42 days after the landlord receives notice from the tenant under subsection (1). In subsection (3), “prescribed” means prescribed by the Scottish Ministers in regulations. Where a rent officer receives a referral under section 43N(2), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate. If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent specified in the rent-increase notice. If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating— where the permitted rate is 0%, that the rent-increase notice has no effect, in any other case, that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer. The rent determined by the rent officer under subsection (3)(b) must be the rent payable under the current tenancy as increased by the permitted rate. For the purpose of subsections (2) and (3), the effective date is— In subsection (5)— “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2), “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection. The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections. Where an order is remade under this section— other than in subsection (1), references in this Part to an order made under section 43O(2) or (3) are to be read as references to the remade order, if a request for review of the original order has been made under section 43Q(1), the review is to be regarded as having been made against the remade order. Where a rent officer has made an order under section 43O(2) or (3) in relation to the rent payable under a current tenancy, the landlord or the tenant may request a review of the order by a different rent officer. A request for a review of an order under subsection (1) must— be made before the end of the day falling 14 days after the order is made, be in the prescribed form, be intimated by the landlord or the tenant (as the case may be) to the other party to the tenancy by sending a copy of the request to the other party. Requesting a review under subsection (1) renders the order being reviewed of no effect. In subsection (2), “prescribed” means prescribed by the Scottish Ministers in regulations. Where a rent officer receives a request for a review under section 43Q(1), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice prompting the referral to the first rent officer under section 43N(2) would be an increase in the rent payable under the current tenancy of more than the permitted rate. If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent specified in the rent-increase notice. If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer. The rent determined by the rent officer under subsection (3) must be the rent payable under the current tenancy as increased by the permitted rate. Where the rent officer makes an order under subsection (2) or (3), the order under section 43O(2) or (3) to which the request for review under section 43Q(1) relates is of no effect. A tenant under a current tenancy of a property that was previously let who has received a rent-increase notice on the first occasion under the tenancy may apply to the First-tier Tribunal for determination of whether— a previous rent increase took effect less than 12 months before the day on which the increase is to take effect (as specified in the notice in accordance with section 43L(3)(a)(ii)), the initial rent under the tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be). A tenant may make an application under subsection (1) only if— the tenant has notified the landlord in writing before the end of the day falling 30 days after the tenant receives the rent-increase notice as to why the tenant considers that the circumstances mentioned in paragraph (a) or (b) (as the case may be) of subsection (1) are met, and before the end of the day falling 21 days after the landlord receives notification from the tenant under paragraph (a), the landlord and tenant have not agreed to a modification of the rent-increase notice as mentioned in subsection (3). The modification referred to in subsection (2)(b) is— where the tenant considers that the circumstances mentioned in subsection (1)(a) are met, a modification so that the increase in rent is to take effect 12 months or more after the most recent previous rent increase took effect, where the tenant considers that the circumstances mentioned in subsection (1)(b) are met, a modification so that the increase in the rent payable is based on increasing an amount of rent that is set in accordance with section 43G(2) or (3) (as the case may be). An application to the First-tier Tribunal under subsection (1) must be— made before the end of the day falling 42 days after the landlord receives the notice from the tenant in accordance with subsection (2)(a). In subsection (4), “prescribed” means prescribed by the Scottish Ministers in regulations. Subsection (2) applies where the First-tier Tribunal receives an application under section 43S(1)(a) in relation to a rent-increase notice given under a current tenancy. If the Tribunal determines— that any previous rent increase took effect less than 12 months before the original effective date, the Tribunal must make an order that the rent-increase notice is of no effect (and accordingly the rent payable under the current tenancy is unchanged), that any previous rent increase took effect 12 months or more before the original effective date, the Tribunal must make an order stating that from the effective date the rent payable under the current tenancy is the lower of— the rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), and the rent payable under the tenancy as increased by the permitted rate. Subsection (4) applies where the First-tier Tribunal receives an application under section 43S(1)(b) in relation to a rent-increase notice given under a current tenancy. that the initial rent under the current tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the Tribunal, that the rent payable at the start of the current tenancy (that is proposed to be increased by the rent-increase notice) was set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the lower of— In determining the rent under subsection (4)(a), the First-tier Tribunal may not determine that the rent payable under the current tenancy from the effective date is more than the base rent as increased by the permitted rate. For the purpose of subsection (2) or (4), the effective date is— where the Tribunal makes the order 14 days or more before the original effective date, the original effective date, otherwise, the first payment date falling at least 14 days after the day on which the Tribunal makes the order. “base rent” means the amount of rent that would have been payable from the start of the current tenancy had the rent been set in accordance with section 43G(2) or (3) (as the case may be), “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the First-tier Tribunal not been made under section 43S(1), the rent payable under a current tenancy has been changed by an order made under— section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b), the effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made under section 43N(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43S(1) (“the originally proposed effective date”), and the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”). On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between–– Subsection (4) applies if, at the end of the day falling 28 days after a tenant’s liability under subsection (2) arose, that liability is (in whole or in part) still outstanding. For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (3) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose. where a referral to the rent officer made under section 43N(2) is withdrawn by the tenant, a request for a review by another rent officer made under section 43Q(1) is withdrawn by one party, and either— the other party has not requested a review in respect of the tenancy in question, or any request for a review by the other party has been withdrawn, or where an application to the First-tier Tribunal made under section 43S(1) is withdrawn by the tenant. The order maker must make an order under section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of— the rent specified in the rent-increase notice, and Where the order maker is another rent officer in relation to the making of an order under section 43R(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review made under section 43Q(1) may be made. “order maker” means— in the case of the making of an order under section 43O(2) or (3), the rent officer, in the case of the making of an order under section 43R(2) or (3), another rent officer, in the case of the making of an order under section 43T(2)(b) or (4)(a) or (b), the First-tier Tribunal, “the rent-increase notice” means the rent-increase notice that, as the case may be— prompted the referral to the rent officer, led to the request for review by another rent officer, or led to the application to the First-tier Tribunal. The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay— a financial penalty, or a compensation payment to the tenant in question. This subsection applies to a landlord against whom any of the following orders has been made— an order of a rent officer made under section 43O(3), an order of a rent officer made under section 43R(3), an order of the First-tier Tribunal under section 43T(2)(a), an order of the First-tier Tribunal under section 43T(4)(a). Regulations under subsection (1) may, in particular, make provision for or in connection with— the maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1), the person to whom any financial penalty is payable, matters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal, the arrangements for payment of a financial penalty or compensation payment, appeals against the imposition, or the amount, of a financial penalty or compensation payment, enforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal. Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers— The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect. A tenancy which is a private residential tenancy may not be brought to an end by the landlord, the tenant, nor by any agreement between them, except in accordance with this Part. When ownership of a property let under a private residential tenancy is transferred, the landlord's interest under the tenancy transfers with it. Subsection (2) applies (subject to section 47) where— 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 immediately before it terminated, the sub-tenancy was a private residential tenancy. 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— has the same terms as the sub-tenancy had immediately before it was terminated, and 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. A sub-tenancy is not lawfully granted for the purpose of subsection (1) if— sub-letting the let property is precluded by a term of— the tenancy of the person who granted the sub-tenancy (“the mid-landlord”), or the tenancy of a tenant from whom the mid-landlord's tenancy is held (directly or indirectly), and 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. Section 46(2) does not apply where the tenancy of the person who was the landlord under the sub-tenancy was brought to an end by an eviction order and either— the order was issued (exclusively or not) on the basis of an eviction ground mentioned in subsection (2), or the order states that section 46(2) does not apply. The eviction grounds referred to in subsection (1)(a) are— that the landlord intends to sell the let property, that a lender intends to sell the let property, that the landlord intends to carry out significantly disruptive works to, or in relation to, the let property, that the landlord intends to live in the let property, that a member of the landlord's family intends to live in the let property, that the landlord intends to use the let property for a purpose other than housing, that the let property is required for use in connection with the purposes of a religion, that the tenancy was entered into to provide an employee with a home and the tenant is not a qualifying employee, that the tenancy was entered into on account of the tenant having an assessed need for community care and the tenant has since been assessed as no longer having that need, that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004, that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006, that an overcrowding statutory notice has been served on the landlord. A tenant may bring to an end a tenancy which is a private residential tenancy by giving the landlord a notice which fulfils the requirements described in section 49. A tenancy comes to an end in accordance with subsection (1) on the day on which the notice states (in whatever terms) that it is to come to an end. But a tenancy does not come to an end in accordance with subsection (1) if— before the day mentioned in subsection (2), the tenant makes a request to the landlord to continue the tenancy after that day, and the landlord agrees to the request. In subsections (1) and (3), in a case where two or more persons jointly are the landlord under the tenancy, references to the landlord are to any of those persons. Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless— that tenant has given every other joint tenant and the landlord under the tenancy a pre-notice— at least 2 months (the “minimum period of pre-notice”), but no more than 3 months (the “maximum period of pre-notice”), before the day on which the notice is given under section 48(1), that fulfils the requirements described in subsection (3), and the notice under section 48(1) is accompanied by— a statement that a pre-notice has been given to every other joint tenant in accordance with this section, and such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations, within a period of 7 days beginning with the day on which the notice under section 48(1) is given to the landlord, the joint tenant— has given every other joint tenant a copy of the notice, and has given the landlord— a statement that a copy of the notice has been given by the joint tenant to every other joint tenant, and such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations. Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together. A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it— is in writing, states that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1), fulfils any other requirements prescribed by the Scottish Ministers in regulations. Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence— includes information specified in the regulations, is in a form specified in the regulations, is given in a manner specified in the regulations. The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary— the minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months, the maximum period of pre-notice for the time being specified in that sub-paragraph. The Scottish Ministers may by regulations modify paragraph (c) of subsection (1) so as to vary the period for the time being specified in that paragraph. Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers— must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and “joint tenant” is to be construed in accordance with section 48(3C), “landlord” is to be construed in accordance with section 48(4). A notice fulfils the requirements referred to in section 48(1) if— it is given— freely and without coercion of any kind, after the tenant begins occupying the let property, it is in writing, and it states as the day on which the tenancy is to end a day that is after the last day of the minimum notice period. A notice is to be regarded as fulfilling the requirements referred to in section 48(1), despite its not complying with the requirement described by subsection (1)(c), if the landlord agrees in writing to the tenancy ending on the day stated in the notice. In subsection (1)(c), “the minimum notice period” means a period which— begins on the day the notice is received by the landlord, and such number of days after it begins as the landlord and tenant have validly agreed between them, or if there is no such valid agreement, 28 days after it begins. An agreement as to the number of days after which a minimum notice period ends is invalid for the purpose of subsection (3)(b)(i) if the agreement— is not in writing, or was entered into before the tenancy became a private residential tenancy. In a case where two or more persons jointly are the landlord under the tenancy, references in this section to the landlord are to any one of those persons. A tenancy which is a private residential tenancy comes to an end if— the tenant has received a notice to leave from the landlord, and the tenant has ceased to occupy the let property. A tenancy comes to an end under subsection (1) on the later of— the day specified in the notice to leave in accordance with section 62(1)(b), or the day on which the tenant ceases to occupy the let property. For the avoidance of doubt, a tenancy which is to come to an end under subsection (1) may be brought to an end earlier in accordance with section 48. The First-tier Tribunal is to issue an eviction order against the tenant under a private residential tenancy if, on an application by the landlord, it finds that one of the eviction grounds named in schedule 3 applies. The provisions of schedule 3 stating the circumstances in which the Tribunal may ... find that an eviction ground applies are exhaustive of the circumstances in which the Tribunal is entitled to find that the ground in question applies. The Tribunal must state in an eviction order the eviction ground, or grounds, on the basis of which it is issuing the order. An eviction order brings a tenancy which is a private residential tenancy to an end on the day specified by the Tribunal in the order. In a case where two or more persons jointly are the landlord under a tenancy, an application for an eviction order may be made by any one of those persons. The Tribunal is not to entertain an application for an eviction order if it is made in breach of— subsection (3), or any of sections 54 to 56 (but see subsection (4)). An application for an eviction order against a tenant must be accompanied by a copy of a notice to leave which has been given to the tenant. Despite subsection (2)(b), the Tribunal may entertain an application made in breach of section 54 if the Tribunal considers that it is reasonable to do so. The Tribunal may not consider whether an eviction ground applies unless it is a ground which— is stated in the notice to leave accompanying the landlord's application in accordance with subsection (3), or has been included with the Tribunal's permission in the landlord's application as a stated basis on which an eviction order is sought. This section applies in a case where a sub-tenant would become a tenant by virtue of section 46(2) were the First-tier Tribunal to issue an eviction order against the sub-tenant's landlord. If the First-tier Tribunal considers it is reasonable to do so, it may state in an eviction order that section 46(2) is not to apply when the tenancy of the sub-tenant's landlord is brought to an end by the order. The First-tier Tribunal may not include in an eviction order the statement mentioned in subsection (2) unless it has afforded the sub-tenant an opportunity to make representations. A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant using a copy of a notice to leave until the expiry of the relevant period in relation to that notice. The relevant period in relation to a notice to leave— begins on the day the tenant receives the notice to leave from the landlord, and expires on the day falling— 28 days after it begins if subsection (3) applies, 84 days after it begins if subsection (3) does not apply. This subsection applies if— on the day the tenant receives the notice to leave, the tenant has been entitled to occupy the let property for not more than six months, or the only eviction ground, or grounds, stated in the notice to leave is, or are, one or more of the following— that the tenant is not occupying the let property as the tenant's home, that the tenant has failed to comply with an obligation under the tenancy, that the tenant has been in rent arrears for three or more consecutive months, that the tenant has a relevant conviction, that the tenant has engaged in relevant anti-social behaviour, that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour. The reference in subsection (1) to using a copy of a notice to leave in making an application means using it to satisfy the requirement under section 52(3). A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant using a copy of a notice to leave more than six months after the day on which the relevant period in relation to that notice expired. In subsection (1), “the relevant period” has the meaning given in section 54(2). A landlord may not make an application to the First-tier Tribunal for an eviction order against a tenant unless the landlord has given notice of the landlord's intention to do so to the local authority in whose area the let property is situated. Notice under subsection (1) is to be given in the manner and form prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003. In a case where two or more persons jointly are the landlord under a tenancy, references in subsection (1) to the landlord are to any one of those persons. This section applies where a private residential tenancy has been brought to an end by an eviction order. An application for a wrongful-termination order may be made to the First-tier Tribunal by a person who was, immediately before the tenancy ended, either the tenant or a joint tenant under the tenancy. The Tribunal may make a wrongful-termination order if it finds that it was misled into issuing the eviction order by the person who was, immediately before the tenancy ended, the landlord under the tenancy. In a case where two or more persons jointly were the landlord under the tenancy immediately before it ended, the reference to the landlord in subsection (3) is to any one of those persons. This section applies where a private residential tenancy has been brought to an end in accordance with section 50. An application for a wrongful-termination order may be made to the First-tier Tribunal by a person who was immediately before the tenancy ended either the tenant or a joint tenant under the tenancy (“the former tenant”). The Tribunal may make a wrongful-termination order if it finds that the former tenant was misled into ceasing to occupy the let property by the person who was the landlord under the tenancy immediately before it was brought to an end. In this section and in sections 57, 58 and 60, “a wrongful-termination order” means an order requiring the person who was the landlord under the tenancy immediately before it ended to pay the person who made the application for the wrongful-termination order an amount not exceeding six months' rent. Subsection (3) applies where–– the First-tier Tribunal intends to make a wrongful-termination order under section 57 or 58, and two or more persons jointly were the landlord under the tenancy in question immediately before it was brought to an end. The Tribunal may make a wrongful-termination order–– against all, some, or only one of the former joint landlords, stating that each person against whom the order is made is liable to pay a specified amount, but the cumulative total of each of the specified amounts must not exceed six months' rent, stating that each person against whom the order is made is jointly and severally liable for the whole amount to be paid. In subsections (1) and (3)(b), “rent” means–– the amount that was payable in rent under the tenancy immediately before it ended, or in a case where two or more persons jointly were the tenant under the tenancy immediately before it ended, the amount mentioned in paragraph (a) divided by the number of persons who were at that time joint tenants under the tenancy. When the First-tier Tribunal makes a wrongful-termination order against a person, the Tribunal must send a copy of it to any local authority with which the person is registered as a landlord. For the purposes of subsection (1)— the reference to a person against whom a wrongful-termination order is made is a reference to the person who is liable to make a payment under the order, a person is registered as a landlord with a local authority if the person is entered in the register prepared and maintained by the local authority for the purposes of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004. In addition to giving a tenant a notice to leave, a landlord (“the superior landlord”) may give to anyone who holds a tenancy directly or indirectly from the superior landlord's tenant a sub-tenancy notice to leave. In the event that a person to whom a sub-tenancy notice to leave has been given becomes a tenant of the superior landlord by virtue of section 46(2), references in this Part to a notice to leave are to be read as references to the copy of the notice to leave which, in accordance with subsection (3), forms part of the sub-tenancy notice to leave. A sub-tenancy notice to leave is a notice which— incorporates the notice to leave given to the superior landlord's tenant, and In a case where two or more persons jointly are the landlord under a tenancy, a sub-tenancy notice to leave may be given by any one of those persons. References in this Part to a notice to leave are to a notice which— specifies the day on which the landlord under the tenancy in question expects to become entitled to make an application for an eviction order to the First-tier Tribunal, states the eviction ground, or grounds, on the basis of which the landlord proposes to seek an eviction order in the event that the tenant does not vacate the let property before the end of the day specified in accordance with paragraph (b), and In a case where two or more persons jointly are the landlord under a tenancy, references in this Part to the tenant receiving a notice to leave from the landlord are to the tenant receiving one from any of those persons. References in this Part to the eviction ground, or grounds, stated in a notice to leave are to the ground, or grounds, stated in it in accordance with subsection (1)(c). The day to be specified in accordance with subsection (1)(b) is the day falling after the day on which the notice period defined in section 54(2) will expire. For the purpose of subsection (4), it is to be assumed that the tenant will receive the notice to leave 48 hours after it is sent. In— sections 50 to 56, and sections 61 and 62, references to the landlord under a private residential tenancy include a creditor in a heritable security over the let property who is entitled to sell the property. A reference in this Part to a period of six months (however expressed) is to a period which ends in the month which falls six months after the month in which it began, either–– Subsection (1) does not apply in relation to the references to six months in section 59. A tenant under a private residential tenancy to which this Chapter applies may keep a pet (or pets) at the let property with the landlord’s consent (but see subsection (4)). The landlord’s consent may not be unreasonably refused (see also section 64E). Where a landlord has consented to the keeping of a pet by the tenant at the let property, the tenant may keep the pet at the let property until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet. A tenant under a private residential tenancy may keep a pet at the let property without the consent of the landlord if the terms of the tenancy allow the tenant to do so without such consent. This Chapter applies to a private residential tenancy if the term mentioned in paragraph 9 of schedule 2 is a statutory term of the tenancy. In this Chapter— “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976, “pet” means an animal kept by a person mainly for— personal interest (including as regards its welfare, treatment or training), companionship, ornamental purposes, any combination of paragraphs (a) to (c). A request by a tenant for the landlord’s consent under section 64A(1) to keep a pet must— be in writing, and The landlord must, within a period of 30 days beginning with the day on which the request is received, give the tenant notice that the landlord— consents to the tenant keeping the pet at the let property with or without conditions, or refuses to consent to this. The landlord’s notice must— specify any such conditions, give reasons for any refusal of consent, Any conditions specified in the landlord’s notice must be reasonable (see also section 64F). If notice is not given in accordance with subsection (2), the landlord is to be deemed to have refused consent. A tenant may appeal to the First-tier Tribunal against— where the tenant was given notice in accordance with section 64B(2)— any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable, any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or where the tenant considers that section 64B(5) applies, the deemed refusal of consent. Before making the appeal, the tenant must give the landlord notice of— the tenant’s intention to make it, and whether the appeal will be against— one or more consent conditions and, if so, which, or a refusal of consent (including any deemed refusal). The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations. The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with— where the tenant intends to appeal under subsection (1)(a)— the day on which the tenant was given notice in accordance with section 64B(2), or where no such notice was given within the period required by the section, the expiry of that period, where the tenant intends to appeal under subsection (1)(b), the day on which consent is deemed to have been refused under section 64B(5). The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2). The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that— notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section, the appeal was not made within the period required by subsection (5). Subsection (2) applies in relation to an appeal under section 64C(1)(a)(i) against one or more consent conditions. If the First-tier Tribunal decides that— any such condition is unreasonable, it may make a consent order, each such condition is reasonable, it may dismiss the appeal. Subsection (4) applies in relation to an appeal under section 64C(1)(a)(ii) against a refusal of consent. the refusal is unreasonable, it may make a consent order, the refusal is reasonable, it may dismiss the appeal. Subsection (6) applies in relation to an appeal under section 64C(1)(b) against a deemed refusal of consent. If the First-tier Tribunal— is satisfied that the landlord in question is deemed to have refused such consent and decides that— the deemed refusal is unreasonable, it may make a consent order, the deemed refusal is reasonable, it may dismiss the appeal, is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal. In this section, a “consent order”, in relation to an appeal by a tenant under section 64C(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant keeping the pet to which the appeal relates at the let property with or without such conditions as the First-tier Tribunal may specify. For the purpose of section 64A(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a let property. Regulations under subsection (1) may in particular specify— circumstances in which it is or is not reasonable to refuse such consent, factors that tend to show that the refusal of such consent is or is not reasonable. The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. For the purpose of section 64B(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable. circumstances in which a condition, or type of condition, is or is not reasonable, factors that tend to show that a condition is or is not reasonable. Before laying a draft of a Scottish statutory instrument containing regulations under section 64E or 64F before the Scottish Parliament, the Scottish Ministers— A tenant under a private residential tenancy to which this Chapter applies may— make a category 1 change to the let property without the consent of the landlord, make a category 2 change to the let property if— the change is made at least 6 months after the start of the tenancy, and the tenant has the landlord’s consent to make the change (but see subsection (4)). The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M). Where a tenant makes a category 1 change or a category 2 change to a let property in accordance with this Chapter, any costs incurred by the tenant in making the change are to be met by the tenant unless the landlord agrees otherwise. A tenant under a private residential tenancy may make a category 2 change at any time to the let property without the consent of the landlord if the terms of the tenancy allow the tenant to make the change at that time without such consent. This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy. a “category 1 change” or “category 2 change”, in relation to a let property of a particular type, means a change or kind of change that is categorised as such in regulations under section 64L and which applies in relation to a let property of that type, a reference to making any such change (however described) includes arranging for the change to be made. A request by a tenant for the landlord’s consent under section 64H(1) to make a category 2 change must— The landlord must, within a period of 30 days beginning with the day on which the request was received, give the tenant notice that the landlord— consents to the tenant making the category 2 change to the let property with or without conditions, or Any conditions specified in the landlord’s notice must be reasonable (see also section 64N). If notice is not given in accordance with subsection (2), the landlord is deemed to have refused consent. where the tenant was given notice in accordance with section 64I(2)— where the tenant considers that section 64I(5) applies, the deemed refusal of consent. the day on which the tenant was given notice in accordance with section 64I(2), or where the tenant intends to appeal under subsection (1)(b), the day on which the landlord is deemed to have refused consent under section 64I(5). Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions. Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent. Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent. In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify. For the purposes of section 64H(6)(a), the Scottish Ministers may by regulations specify one or more changes (or kinds of change) to a property let under a private residential tenancy. Regulations under subsection (1) must categorise each specified change or kind of change as either— a category 1 change, or a category 2 change. Regulations under subsection (1) may provide that a category 1 change or a category 2 change— applies only in relation to property of a particular type or description, or does not apply in relation to property of a particular type or description. For the purpose of section 64H(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to the making of a category 2 change to a let property. For the purpose of section 64I(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable. Before laying a draft of a Scottish statutory instrument containing regulations under section 64L, 64M or 64N before the Scottish Parliament, the Scottish Ministers— the sole tenant under the tenancy dies, and nobody inherits the tenancy under section 67, 68 or 69. If, immediately before a person's death, the person was a joint tenant under a private residential tenancy, the person's interest as a tenant under the tenancy is extinguished on the person's death. A person is a joint tenant under a tenancy for the purposes of subsection (1) if the person is the tenant under the tenancy jointly with one or more other persons. When the sole tenant under a private residential tenancy dies, the tenant's bereaved partner becomes the tenant under the tenancy if— the conditions set out in subsection (2) are met, and in a case where the tenant and bereaved partner were neither married to, nor in a civil partnership with, one another immediately before the tenant's death, the condition set out in subsection (3) is also met. The conditions are— that the tenant's interest under the tenancy was not inherited by the tenant, that the tenant told the landlord, in writing, that the let property was being occupied by the bereaved partner as the bereaved partner's only or principal home, that the bereaved partner was in a qualifying relationship with the tenant immediately before the tenant's death, and that the let property is occupied as the bereaved partner's only or principal home at the time of the tenant's death. The condition is that for a continuous period of at least 12 months, ending with the tenant's death, the let property was occupied as the bereaved partner's only or principal home. In determining whether the condition set out in subsection (3) is met, no account is to be taken of any time during which the bereaved partner was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the bereaved partner's only or principal home. When— the sole tenant under a private residential tenancy dies, the tenant's interest under the tenancy was not inherited by the tenant, and nobody inherits the tenancy under section 67, any member of the tenant's family who meets the conditions set out in subsection (2) becomes the tenant under the tenancy. that the family member is at least 16 years of age at the time of the tenant's death, and that the family member— is occupying the let property as the family member's only or principal home at the time of the tenant's death, and has done so for a continuous period of at least 12 months ending with the tenant's death. In determining whether the condition set out in subsection (2)(b)(ii) is met, no account is to be taken of any time during which the family member was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the family member's only or principal home. If more than one person is eligible to become the tenant by virtue of subsection (1), each becomes the tenant under the tenancy jointly with the others.

nobody inherits the tenancy under section 67 or 68, a resident carer who meets the conditions set out in subsection (2) becomes the tenant under the tenancy. that the resident carer is at least 16 years of age at the time of the tenant's death, that the resident carer— is occupying the let property as the resident carer's only or principal home at the time of the tenant's death, and has done so for a continuous period of at least 12 months ending with the tenant's death, and that the resident carer had a previous only or principal home which was given up. In determining whether the condition set out in subsection (2)(b)(ii) is met, no account is to be taken of any time during which the resident carer was occupying the let property if and so far as it pre-dates the tenant telling the landlord, in writing, that the let property was being occupied as the resident carer's only or principal home. In this section, “a resident carer” means a person who provides, or has provided, care for— the tenant, or a member of the tenant's family. For the purposes of this Part— two people are in a qualifying relationship with one another if they are— married to each other, in a civil partnership with each other, or living together as though they were married, a person is a member of a tenant's family if the person is— a qualifying relative of the tenant, a qualifying relative of a person who was in a qualifying relationship with the tenant immediately before the tenant's death, or in a qualifying relationship with a qualifying relative of the tenant. In subsection (1)(b), “a qualifying relative” means a parent, grandparent, child, grandchild, brother or sister. For the purposes of this section— a relationship of the half blood is to be regarded as a relationship of the whole blood, a person's stepchild is to be regarded as the person's child, a person (“A”) is to be regarded as the child of another person (“B”), if A is being or has been treated by B as B's child. In relation to civil proceedings arising from a private residential tenancy— the First-tier Tribunal has whatever competence and jurisdiction a sheriff would have but for paragraph (b), a sheriff does not have competence or jurisdiction. For the purposes of subsection (1), civil proceedings are any proceedings other than— the prosecution of a criminal offence, any proceedings related to such a prosecution. The First-tier Tribunal must notify the local authority in whose area a property is being let if, in the course of relevant proceedings before it, the Tribunal learns or is given cause to suspect that the landlord under the tenancy is not registered as a landlord with the local authority. In notifying a local authority under subsection (1), the Tribunal must tell the local authority— the landlord's name and address, and the address of the property mentioned in that subsection. proceedings are “relevant proceedings” if— they arise from a private residential tenancy under which the property mentioned in that subsection is or was let, and the landlord is a party to them, a person is not registered as a landlord with a local authority if the person is not entered in the register prepared and maintained by the local authority for the purposes of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004. An error in the completion of a document to which this section applies does not make the document invalid unless the error materially affects the effect of the document. This section applies to— a notice under section 14(3), 16(3)(c), 22(1) , 43L(1), 61(1), the document by which a referral is made to a rent officer under section 24(1) or 43N(2), the document by which a request for review is made to a rent officer under section 43Q(1), the document by which a request is made for the landlord’s consent under section 64B(1) or 64I(1), and a notice to leave (as defined by section 62(1)). Schedule 4 modifies other enactments in consequence of this Act. Schedule 5 makes provision about tenancies which are assured tenancies within the meaning of the Housing (Scotland) Act 1988 on the day that section 1 comes into force. Nothing in Part 1A makes the Crown criminally liable. But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1). Subsection (1) does not affect the criminal liability of persons in the service of the Crown. The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act or any provision made under it. Regulations under subsection (1) may modify any enactment (including this Act). Regulations under this section— are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), otherwise, are subject to the negative procedure. A power to make regulations conferred by this Act includes the power to make different provision for different purposes or areas. Regulations under section 17(3), 22(2)(b) , 43L(3)(b), 48A(3)(c) , 61(3)(b) , 62(1)(d), 64B(1)(b) or (3)(d), 64C(3), 64I(1)(b) or (3)(d) or 64J(3) prescribing requirements which must be fulfilled by a notice , pre-notice or request (as the case may be) may in particular require that a notice— contain information specified in the regulations, be in a form specified in the regulations, be given in a manner specified in the regulations. Regulations under sections 6, 7, 11, 12 , 17A(6), 17D(1), 19(1)(a), ... 37 , 41, 43B(4), 43E(1) or (2), 43I(1)(b)(i), 43W(1), 48A(5) and (6), 51A(6), 59(5), 64E(1), 64F(1), 64L(1), 64M(1), 64N(1) and paragraph 12(4)(b) of schedule 3 are subject to the affirmative procedure. Regulations under sections 6A(3)(b), 6B(3)(b), 17, 22, 24, 34, 43 , 43L(3)(b), 43N(3), 43Q(2)(b), 43S(4)(a), 48A(1)(b)(ii) and (c)(ii)(B), 48A(3)(c) , 61 , 62, 64B(1)(b), 64B(3)(d), 64C(3), 64I(1)(b) and (3)(d) and 64J(3) are subject to the negative procedure. In this Act— “the 2025 Act” means the Housing (Scotland) Act 2025, “eviction ground” means a ground named in schedule 3 on the basis of which an eviction order may be issued, “eviction order” means an order issued under section 51, “First-tier Tribunal” means the First-tier Tribunal for Scotland, “private residential tenancy” means a tenancy which is a private residential tenancy by virtue of section 1, “rent” means any sums payable periodically by the tenant to the landlord in connection with the tenancy (and includes, for the avoidance of doubt, any sums payable in respect of services, repairs, maintenance or insurance), “rent control area” means an area that is designated as a rent control area by regulations under section 9(1) of the 2025 Act, “rent-increase notice”, except where stated otherwise, has— in Chapter 2 of Part 4, the meaning given by section 22(1), in Chapter 2 of Part 4A, the meaning given by section 43L(1). “rent officer” has the meaning given by section 43 of the Rent (Scotland) Act 1984, “statutory term” has the meaning given by section 7(1), “tenancy” (the meaning of which is extended by section 4) includes sub-tenancy, “tenant” includes sub-tenant. In a case where two or more persons jointly are the landlord under a tenancy, references in this Act to the landlord are to all of those persons unless stated otherwise. In a case where two or more persons jointly are the tenant under a tenancy, references in this Act to the tenant are to all of those persons unless stated otherwise. This Part comes into force on the day after Royal Assent. The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. Regulations under subsection (2) may include transitional, transitory or saving provision. Regulations under subsection (2) appointing the day that section 1 is to come into force may— amend the following enactments so that, instead of referring to the day on which section 1 comes into force, they specify the date that section 1 actually comes into force— section 12(1A) of the Housing (Scotland) Act 1988, section 31A(1)(a) of that Act, section 3B(1)(a) of the Rent (Scotland) Act 1984, and repeal section 8(5) on the day that section 1 comes into force. The short title of this Act is the Private Housing (Tenancies) (Scotland) Act 2016. A tenancy cannot be a private residential tenancy if— it is a tenancy under which rent of, or equivalent to, less than £6 a week is payable, and it has not previously acquired the status of a private residential tenancy or been an assured tenancy (including a statutory assured tenancy) within the meaning of the Housing (Scotland) Act 1988. In determining the rent payable for the purpose of sub-paragraph (1), no account is to be taken of any amount paid by the tenant in respect of services, repairs, maintenance or insurance. A tenancy cannot be a private residential tenancy if it is one to which the Tenancy of Shops (Scotland) Act 1949 is capable of applying. A tenancy cannot be a private residential tenancy if it is one under which the let property consists of or comprises premises licensed for the sale of alcohol for consumption on the premises. A tenancy cannot be a private residential tenancy if sub-paragraph (2) or (3) applies to it. This sub-paragraph applies to a tenancy if the let property includes two acres or more of agricultural land. This sub-paragraph applies to a tenancy if— the tenancy is a relevant agricultural tenancy, and the let property is occupied by the person responsible for the control (whether as tenant or as the tenant's agent or employee) of the farming of the let property. For the purposes of this paragraph— “agricultural land” has the meaning given in section 115(1) of the Rent (Scotland) Act 1984, “relevant agricultural tenancy” means a tenancy which falls within the definition given in the Agricultural Holdings (Scotland) Act 2003 of— a 1991 Act tenancy, a short limited duration tenancy, a limited duration tenancy, a modern limited duration tenancy, or a repairing tenancy. the purpose of it is to confer on the tenant the right to occupy the let property while the tenant is a student, and sub-paragraph (2) or (3) applies to the tenancy. This sub-paragraph applies to a tenancy if the landlord is— a university or constituent college, school or hall of a university, a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 (“the 1980 Act”), a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992, an institution for the provision of further education within the meaning of section 135(1) of the 1980 Act which is administered by an education authority, a college of further education which is managed by a board of management in terms of Part 1 of the Further and Higher Education (Scotland) Act 1992, an association approved under regulation 8 of the Further Education (Scotland) Regulations 1959 (S.I. 1959/477), the Royal College of Surgeons of Edinburgh. planning permission for the construction, conversion or change of use of the building (or part of the building) of which the let property forms part was given on the basis that the let property would be used predominantly for housing students, and the landlord is an institutional provider of student accommodation. For the purposes of sub-paragraph (3), a landlord is an institutional provider of student accommodation if— the landlord lets, or is entitled to let, other properties in the same building or complex as the let property, the let property and the other properties together include at least 30 bedrooms, and the landlord uses, or intends to use, the other properties predominantly for the purpose of housing students. In this paragraph, “student” means a person who is pursuing a course of study provided by a body referred to in sub-paragraph (2). A tenancy cannot be a private residential tenancy if the purpose of it is to confer on the tenant the right to occupy the let property for a holiday. A tenancy cannot be a private residential tenancy if it is a short-term let within the meaning of article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022. A tenancy cannot be a private residential tenancy if paragraph 8 or 9 applies to it. This paragraph applies to a tenancy if— the let property would not be regarded as a separate dwelling were it not for the terms of the tenancy entitling the tenant to use property in common with another person (“shared accommodation”), and from the time the tenancy was granted, the person (or one of the persons) in common with whom the tenant has a right to use the shared accommodation is a person who— has the interest of the landlord under the tenancy, and has a right to use the shared accommodation in the course of occupying that person's home. This paragraph applies to a tenancy if sub-paragraphs (2) and (3) apply to it. This sub-paragraph applies to a tenancy if, from the time it was granted, a dwelling within the same building as the let property has been occupied as the only or principal home of a person who, at the time of occupying it, has the interest of the landlord under the tenancy. This sub-paragraph applies to a tenancy if, at the time it was granted, there was an ordinary means of access— through the let property to the dwelling occupied by the person who is, or is to be, the landlord, or through the dwelling occupied by the person who is, or is to be, the landlord to the let property (whether or not that access was available to the tenant as of right). For the purpose of this paragraph, in determining whether a dwelling is occupied as the only or principal home of the person having the interest of the landlord, no account is to be taken of— any period beginning with the date on which the interest of the landlord is transferred (other than on death) and ending— 28 days later, or 6 months later if, within 28 days of the period beginning, the person to whom the interest is transferred notifies the tenant of the person's intention to occupy a dwelling within the same building as the let property, any period of up to 24 months beginning with the date of the person's death and ending with the person's interest in the tenancy being vested in another person (otherwise than as the person's executor). If, at any time, the landlord holds the landlord's interest as a trustee under a trust, a reference in paragraph 8 or 9 to a landlord or the person having the interest of the landlord includes a person who is a beneficiary under the trust. In a case where two or more persons jointly are the landlord under a tenancy, references to the landlord in paragraphs 8 to 10 are to any one of those persons. A tenancy cannot be a private residential tenancy if the landlord is the Scottish Police Authority. A tenancy cannot be a private residential tenancy if the landlord is the Secretary of State for Defence. A tenancy cannot be a private residential tenancy if the landlord is— a local authority landlord within the definition given in section 11 of the Housing (Scotland) Act 2001, a registered social landlord within the definition given in section 165 of the Housing (Scotland) Act 2010, a co-operative housing association within the definition given in section 1 of the Housing Associations Act 1985, or Scottish Water. A tenancy cannot be a private residential tenancy if it arises as a result of a Scottish secure tenancy or a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001) being assigned, sublet or otherwise given up (see section 32(7) of the 2001 Act). A tenancy cannot be a private residential tenancy if it is granted on a temporary basis and the purpose of it is the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987. A tenancy cannot be a private residential tenancy if it is granted for a term of less than 6 months to a tenant who— is under the supervision provided by a local authority under paragraph (b)(i), (ii) or (vi) of section 27(1) of the Social Work (Scotland) Act 1968, or has requested advice, guidance or assistance from a local authority in fulfilment of its functions under paragraph (c) of that section. A tenancy cannot be a private residential tenancy if the purpose of it is to provide accommodation for asylum-seekers or their dependants in accordance with section 4 or Part VI of the Immigration and Asylum Act 1999. A tenancy cannot be a private residential tenancy if the purpose of it is to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379). A tenancy cannot be a private residential tenancy if it is a tenancy under a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001. A tenancy cannot be a private residential tenancy if it is— a protected tenancy within the meaning of the Rent (Scotland) Act 1984, a tenancy to which Part VI of that Act applies, a Part VII contract under that Act, or an assured tenancy (including a statutory assured tenancy) within the meaning of the Housing (Scotland) Act 1988. a charity providing accommodation to veterans, or a charity providing temporary accommodation to a care leaver. “care leaver” is a person who— is under the age of 26 years, was on that person’s sixteenth birthday or at any subsequent time looked after by a local authority, and is no longer looked after by a local authority; and “looked after” is to be construed in accordance with sections 17(6) (duty of local authority to child looked after by them) and 29(7) (after-care) of the Children (Scotland) Act 1995, “charity” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005, and “veteran” means a person who has served— for at least one day in Her Majesty’s Armed Forces (regular and reserve), or as a member of the Merchant Navy on a civilian vessel while supporting the Armed Forces. Where any payment of rent is made in cash, the landlord must provide the tenant with a written receipt for the payment stating— the amount paid, and either (as the case may be)— the amount which remains outstanding, or confirmation that no further amount remains outstanding. The rent may be increased — in accordance with Chapter 2 of Part 4 if the let property— is in a rent control area but it is an exempt property within the meaning given by section 17D(1), in accordance with Chapter 2 of Part 4A if the let property— is not an exempt property as mentioned in sub-paragraph (a)(ii). If a person aged 16 or over (who is not a joint tenant) occupies the let property with the tenant as that person's only or principal home, the tenant must tell the landlord in writing— that person's name, and the person's relationship to the tenant. in accordance with the term specified in paragraph 3, the landlord has been told about a person occupying the let property, and that person has ceased to occupy the let property as that person's only or principal home, the tenant must tell the landlord that. The tenant may not, without the written agreement of the landlord— sublet the let property (or any part of it), take in a lodger, assign the tenant's interest in the let property (or any part of it), or otherwise part with, or give up to another person, possession of the let property (or any part of it). The tenant is to allow reasonable access to the let property for an authorised purpose where–– the tenant has been given at least 48 hours' notice, or access is required urgently for the purpose of— carrying out work on the let property, or inspecting the let property in order to determine what work of a type mentioned in paragraph 7(1)(a) (if any) to carry out. The following are authorised purposes— carrying out any work on the let property which the landlord has an entitlement or obligation to carry out, inspecting the let property— in order to determine what work of a type mentioned in paragraph (a) (if any) to carry out, in pursuance of any entitlement or obligation which the landlord has to carry out an inspection, valuing the let property (or any part of it). References in sub-paragraph (1) to the landlord having an entitlement or obligation to do something are to the landlord having an entitlement or obligation to do the thing by virtue of— an enactment, or the terms of any agreement between the landlord and the tenant. The tenant is to allow reasonable use of facilities within the let property in connection with anything done or to be done under the term specified in paragraph 6. The tenant may keep pets at the let property in accordance with Chapter 1 of Part 5A. The tenant may make changes to the let property in accordance with Chapter 2 of Part 5A. It is an eviction ground that the landlord intends to sell the let property. The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if the landlord— is entitled to sell the let property, ... intends to sell it for market value, or at least put it up for sale, within 3 months of the tenant ceasing to occupy it , and the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts. Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(b) includes (for example)— a letter of engagement from a solicitor or estate agent concerning the sale of the let property, a recently prepared document that anyone responsible for marketing the let property would be required to possess under section 98 of the Housing (Scotland) Act 2006 were the property already on the market. It is an eviction ground that a lender intends to sell the let property. The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if— the let property is subject to a heritable security, the creditor under that security is entitled to sell the property, ... the creditor requires the tenant to leave the property for the purpose of disposing of it with vacant possession , and It is an eviction ground that the landlord intends to carry out significantly disruptive works to, or in relation to, the let property. The First-tier Tribunal may find that the eviction ground named by sub-paragraph (1) applies if— the landlord intends to refurbish the let property (or any premises of which the let property forms part), the landlord is entitled to do so, ... it would be impracticable for the tenant to continue to occupy the property given the nature of the refurbishment intended by the landlord , and Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(a) includes (for example)— any planning permission which the intended refurbishment would require, a contract between the landlord and an architect or a builder which concerns the intended refurbishment. It is an eviction ground that the landlord intends to live in the let property. the landlord intends to occupy the let property as the landlord's only or principal home for at least 3 months , and the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact. References to the landlord in this paragraph— in a case where two or more persons jointly are the landlord under a tenancy, are to be read as referring to any one of them, in a case where the landlord holds the landlord's interest as a trustee under a trust, are to be read as referring to a person who is a beneficiary under the trust. Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the landlord has that intention. It is an eviction ground that a member of the landlord's family intends to live in the let property. The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if— a member of the landlord's family intends to occupy the let property as that person's only or principal home for at least 3 months, and A member of the landlord's family is to be regarded as having the intention mentioned in sub-paragraph (2) if— the family member is incapable of having, or expressing, that intention, and the landlord and (if different) a person entitled to make decisions about where the family member lives, intend that the family member will occupy the let property as the family member's only or principal home for at least 3 months. For the purposes of this paragraph, a person is a member of the landlord's family if the person is— in a qualifying relationship with the landlord, a qualifying relative of the landlord, a qualifying relative of a person who is in a qualifying relationship with the landlord, or in a qualifying relationship with a qualifying relative of the landlord. For the purposes of sub-paragraph (4)— “a qualifying relative” means a parent, grandparent, child, grandchild, brother or sister, In a case where two or more persons jointly are the landlord under a tenancy, references to the landlord in this paragraph are to any one of them. Evidence tending to show that a member of the landlord's family has the intention mentioned in sub-paragraph (2) includes (for example) an affidavit stating that the person has that intention. It is an eviction ground that the landlord intends to use the let property for a purpose other than housing. the landlord intends to use the let property for a purpose other than providing a person with a home , and Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2) includes (for example) any planning permission which would be required if the let property is to be used for the intended purpose. It is an eviction ground that the let property is required for use in connection with the purposes of a religion. the let property is held for the purpose of being available for occupation by a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed, the property has previously been occupied by a person engaged in the work of a religious denomination as a residence from which that person's duties were performed, ... the property is required for the purpose mentioned in paragraph (a) , and In sub-paragraph (2), reference to a person engaged in the work of a religious denomination includes an imam, a lay missionary, minister, monk, nun, priest and rabbi. It is an eviction ground that the tenancy was entered into to provide an employee with a home and the tenant is not a qualifying employee. The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if— the tenancy was granted to the tenant— in consequence of the tenant being an employee of the landlord, or in the expectation that the tenant would become an employee of the landlord, the tenant is not employed by the landlord, and In sub-paragraph (2), “landlord” includes any person who has been a landlord under the tenancy. It is an eviction ground that the tenancy was entered into on account of the tenant having an assessed need for community care and the tenant has since been assessed as no longer having that need. the tenancy was granted in consequence of the tenant being assessed under section 12A of the Social Work (Scotland) Act 1968 to have needs calling for the provision of community care services, the tenancy would not have been granted to the tenant on the basis of the latest assessment of the tenant's needs under that section, and the Tribunal considers it reasonable to issue an eviction order on account of that fact. The condition in sub-paragraph (2)(a) is to be deemed to be met if the tenancy was granted as a result of a local authority taking urgent action by virtue of section 12A(5) of the Social Work (Scotland) Act 1968. It is an eviction ground that the tenant is not occupying the let property as the tenant's home. the let property is not being occupied as the only or principal home of— a person to whom a sub-tenancy of the let property has been lawfully granted, ... the property's not being so occupied is not attributable to a breach of the landlord's duties under Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 , and In sub-paragraph (2), the reference to a sub-tenancy being lawfully granted is to be construed in accordance with section 46(3). It is an eviction ground that the tenant has failed to comply with an obligation under the tenancy. the tenant has failed to comply with a term of the tenancy, and the Tribunal considers it to be reasonable to issue an eviction order on account of that fact. The reference in sub-paragraph (2) to a term of the tenancy does not include the term under which the tenant is required to pay rent. It is an eviction ground that the tenant has been in rent arrears for three or more consecutive months. for three or more consecutive months the tenant has been in arrears of rent, and the Tribunal is satisfied that it is reasonable on account of that fact to issue an eviction order. In deciding under sub-paragraph (3) whether it is reasonable to issue an eviction order, the Tribunal is to consider— whether the tenant's being in arrears of rent over the period in question is wholly or partly a consequence of a delay or failure in the payment of a relevant benefit , and the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations. references to a relevant benefit are to— a rent allowance or rent rebate under the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), a payment on account awarded under regulation 91 of those Regulations, universal credit, where the payment in question included (or ought to have included) an amount under section 11 of the Welfare Reform Act 2012 in respect of rent, sums payable by virtue of section 73 of the Education (Scotland) Act 1980, references to delay or failure in the payment of a relevant benefit do not include any delay or failure so far as it is referable to an act or omission of the tenant. Regulations under sub-paragraph (4)(b) may make provision about— information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, such other matters as the Scottish Ministers consider appropriate. It is an eviction ground that the tenant has a relevant conviction. The First-tier Tribunal may find that the ground named by sub-paragraph (1) applies if— after the tenancy is granted, the tenant receives a relevant conviction, ... the application for an eviction order that is before the Tribunal was made within 12 months of the tenant's conviction, or the Tribunal is satisfied that the landlord has a reasonable excuse for not making the application within that period , and In sub-paragraph (2), “a relevant conviction” means a conviction for an offence— which was committed by using, or allowing the use of, the let property for an immoral or illegal purpose, or which— was committed within or in the locality of the let property, and is punishable by imprisonment. In a case where two or more persons jointly are the tenant under a tenancy, the reference in sub-paragraph (2) to the tenant is to any one of those persons. It is an eviction ground that the tenant has engaged in relevant anti-social behaviour. the tenant has behaved in an anti-social manner in relation to another person, the anti-social behaviour is relevant anti-social behaviour, the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and the application for an eviction order that is before the Tribunal was made within 12 months of the anti-social behaviour occurring, or the Tribunal is satisfied that the landlord has a reasonable excuse for not making the application within that period. For the purposes of this paragraph, a person is to be regarded as behaving in an anti-social manner in relation to another person by— doing something which causes or is likely to cause the other person alarm, distress, nuisance or annoyance, pursuing in relation to the other person a course of conduct which— causes or is likely to cause the other person alarm, distress, nuisance or annoyance, or amounts to harassment of the other person. In sub-paragraph (3)— “conduct” includes speech, “course of conduct” means conduct on two or more occasions, “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997. Anti-social behaviour is relevant anti-social behaviour for the purpose of sub-paragraph (2)(b) if the Tribunal is satisfied that it is reasonable to issue an eviction order as a consequence of it, given the nature of the anti-social behaviour and— who it was in relation to, or where it occurred. It is an eviction ground that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour. a person who falls within sub-paragraph (4)— has received a relevant conviction as defined by paragraph 13(3), or has engaged in relevant anti-social behaviour, the application for an eviction order that is before the Tribunal was made within 12 months of the conviction or (as the case may be) the occurrence of the anti-social behaviour, or In sub-paragraph (2)(a)(ii), “relevant anti-social behaviour” means behaviour which, if engaged in by the tenant, would entitle the Tribunal to issue an eviction order on the basis that the tenant has engaged in relevant anti-social behaviour. A person falls within this sub-paragraph if the person— resides or lodges in the let property, has sub-let the let property (or part of it) from the tenant, or has been admitted to the let property by the tenant on more than one occasion. In a case where two or more persons jointly are the tenant under a tenancy, the references in sub-paragraphs (3) and (4) to the tenant are to any one of those persons. It is an eviction ground that the landlord is not registered by the relevant local authority under the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). the landlord is not entered in the register prepared and maintained for the purposes of Part 8 of the 2004 Act by the local authority within whose area the let property is situated because either— the local authority has refused to enter the landlord in the register, or the local authority has removed the landlord from the register in accordance with section 88(8) or 89 of the 2004 Act, by continuing to let the property to the tenant the landlord— is committing an offence under subsection (1) of section 93 of the 2004 Act, or would be doing so but for subsection (6) of that section, and It is an eviction ground that the let property or associated living accommodation is in multiple occupation and not licensed under Part 5 of the Housing (Scotland) Act 2006 (“the 2006 Act”). under section 139(1) or 157(2) of the 2006 Act, the HMO licence for the let property has been revoked, and It is an eviction ground that an overcrowding statutory notice has been served on the landlord. an overcrowding statutory notice in respect of the let property has been served on the landlord under section 17(3) of the Private Rented Housing (Scotland) Act 2011, and After section 8(3) of the Land Tenure Reform (Scotland) Act 1974, there is inserted— The condition contained in subsection (1) above does not apply in relation to a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016. The Rent (Scotland) Act 1984 is amended as follows. In section 43A(2) and (7), for the words “section 70 of the Housing (Scotland) Act 1988” there is substituted “ Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 ”. In section 53(1)(b), for the words “or the Housing (Scotland) Act 1988” there is substituted “ , the Housing (Scotland) Act 1988 or Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 ”. In section 31(9) of the Bankruptcy (Scotland) Act 1985, after paragraph (c) there is inserted , or a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016. The Housing (Scotland) Act 1987 is amended as follows. In section 20B(6), after paragraph (c) there is inserted— an eviction order within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016 has been issued against the person, In section 24(5), after paragraph (d) there is inserted— secured by a private residential tenancy. In section 31(5)— paragraph (b) is repealed, after paragraph (c) there is inserted— In section 43, after the definition of “private accommodation offer” there is inserted— “private residential tenancy” has the meaning given by the Private Housing (Tenancies) (Scotland) Act 2016; In section 128— for the words “the Rent (Scotland) Act 1984 or in Part II of the Housing (Scotland) Act 1988” there is substituted “ an enactment mentioned in subsection (2) ”, the existing text becomes subsection (1), after that subsection, there is inserted— The enactments referred to in subsection (1) are— the Rent (Scotland) Act 1984; Part II of the Housing (Scotland) Act 1988; the Private Housing (Tenancies) (Scotland) Act 2016. the title of the section becomes “ Recovery of possession of house subject to statutorily regulated tenancy ”. In section 145— in paragraph (a), for the words “the Rent (Scotland) Act 1984 or in Part II of the Housing (Scotland) Act 1988” there is substituted “ an enactment mentioned in subsection (2) ”, In section 311(2), in the definition of “interest”, for the words from “a tenant for a year or any less period” to the end there is substituted— a tenant for a year or any shorter period; a statutory tenant within the meaning of the Rent (Scotland) Act 1984; a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988; a tenant under a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016; In section 130C(2) of the Social Security Contributions and Benefits Act 1992, before paragraph (a) there is inserted— an eviction order issued under section 51 of the Private Housing (Tenancies) (Scotland) Act 2016 on the ground— that the tenant has engaged in relevant anti-social behaviour, or that the tenant associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour; After section 1(7) of the Requirements of Writing (Scotland) Act 1995, there is inserted— A private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 is not a “real right in land” for the purposes of this section. The Housing (Scotland) Act 2001 is amended as follows. In section 7(2)(b) after sub-paragraph (iv) there is inserted— a private residential tenancy or what would be a private residential tenancy but for paragraph 6 of schedule 1 of the 2016 Act. In section 32(7), after paragraph (b) there is inserted a private residential tenancy, In section 111— after the definition of “the 1988 Act”, insert— “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016, after the definition of “local authority landlord”, insert— “private residential tenancy” has the meaning given by the 2016 Act, In schedule 2, in paragraph 16(a), for the words “an assured tenancy” there is substituted “ a private residential tenancy ”. In paragraph 1 of schedule 6— after the word “possession” there is inserted “ or an eviction order ”, after the word “made” there is inserted “ or issued ”, after paragraph (f) there is inserted— under the 2016 Act on the ground— In section 11(5) of the Homelessness etc. (Scotland) Act 2003, after paragraph (g) there is inserted— section 56 of the Private Housing (Tenancies) (Scotland) Act 2016. The Housing (Scotland) Act 2006 is amended as follows. In section 38— in subsection (10), for the words from “the Rent” to “(c. 43)” there is substituted “ an enactment mentioned in subsection (11) ”, after subsection (10), there is inserted— The enactments referred to in subsection (10) are— the Rent (Scotland) Act 1984, Part 2 of the Housing (Scotland) Act 1988, In paragraph 3 of schedule 5— in sub-paragraph (10), for the words from “the Rent” to “(c. 43)” there is substituted “ an enactment mentioned in sub-paragraph (11) ”, after sub-paragraph (10), there is inserted— The enactments referred to in sub-paragraph (10) are— The Bankruptcy and Diligence etc. (Scotland) Act 2007 is amended as follows. In section 214(2)— the word “and” after paragraph (i) is repealed, at the end of paragraph (j) there is inserted ; and an eviction order issued under section 51 of the Private Housing (Tenancies) (Scotland) Act 2016, In section 216— in subsection (2A)— after the word “tenancy” there is inserted “ or private residential tenancy ”, the words “(within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43))” are repealed, after subsection (2A), there is inserted— In subsection (2A)— “assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988, “private residential tenancy” has the same meaning as in the Private Housing (Tenancies) (Scotland) Act 2016. In section 94(1) of the Housing (Scotland) Act 2014, after paragraph (c) there is inserted— a function conferred on, or transferred to, the Tribunal by virtue of the Private Housing (Tenancies) (Scotland) Act 2016. Section 12 of the Housing (Scotland) Act 1988 is amended as follows. In subsection (1), after the word “subsection” there is inserted “ (1A) or ”. After subsection (1) there is inserted— A tenancy cannot be an assured tenancy if it is granted on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force. In schedule 4, after paragraph 13(3) there is inserted— A tenancy which is a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016. The Housing (Scotland) Act 1988 is amended as follows. In section 32–– in subsection (3)–– paragraph (b) and the word “or” immediately preceding it are repealed, the words “or, as the case may be, the new contractual tenancy” are repealed, in subsection (4)–– the words “or, as the case may be, before the beginning of the new tenancy” are repealed, the words “or new” are repealed. In section 33(1)–– the word “ and ” is inserted at the end of paragraph (b), paragraph (c), including the word “and” at the end of it, is repealed. After section 12(2) there is inserted— Subsection (1) is subject to section 46A. After section 46 there is inserted— The landlord and the tenant under an assured tenancy may agree that on a day specified by them, the tenancy will cease to be an assured tenancy. On the day specified by the landlord and the tenant under subsection (1), the tenancy— ceases to be an assured tenancy, and becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”). But an agreement under subsection (1) is of no effect if, for a reason other than the tenancy being an assured tenancy, it is one which schedule 1 of the 2016 Act states cannot be a private residential tenancy. After section 3A of the Rent (Scotland) Act 1984 there is inserted— Subsection (2) applies where— the sole tenant of a dwelling-house under a protected tenancy or a statutory tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and as a result of that death, an individual becomes the tenant of the dwelling-house by virtue of section 3(1)(b) or 3A above. As soon as the individual becomes the tenant, the individual's tenancy of the dwelling-house— ceases to be a statutory tenancy or a statutory assured tenancy (as the case may be), and becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016. After section 31 of the Housing (Scotland) Act 1988 there is inserted— a sole tenant under an assured tenancy dies on or after the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force, and an individual succeeds to the tenancy. As soon as the individual becomes the tenant, the tenancy— ceases to be an assured tenancy (if, but for this section, it would have been one), and Sch. 2 para. 3 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 3 para. 16 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Pt. 5 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l)) Sch. 3 para. 9 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 33 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(16) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Sch. 4 para. 6 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Pt. 4 Ch. 2A heading and ss. 33A-33G treated as inserted (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(17) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2); and S.S.I. 2024/89, regs. 1(1), 2(1)(5)) (with saving for expiry in S.S.I. 2024/19, regs. 1(1), 2) Word in sch. 3 para. 6(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(e)(i), 59(1) (with s. 48(1)) S. 77(3) modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(20) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Sch. 2 paras. 9, 10 inserted (1.4.2026 for specified purposes) by Housing (Scotland) Act 2025 (asp 13), ss. 35(3), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 4 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 51(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(2), 59(1) (with s. 48(1)) Sch. 3 para. 12 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 1(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(a)(ii), 59(1) (with s. 48(1)) S. 62(2)-(5) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 14(2)(ba) substituted for word (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(k), 59(1) (with s. 48(1)) Sch. 1 para. 17 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 22(2) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. Sch. 5 para. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. (with reg. 6) Words in sch. 3 para. 8(4) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss.

43(3)(g)(iv), 59(1) (with s. 48(1)) S. 24(3)(4) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. S. 46 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 6 in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. S. 45 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 13 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 18 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Ss. 17C, 17D and cross-heading inserted (7.1.2026 for the insertion of s. 17D and 1.4.2026 in so far as not already in force) by Housing (Scotland) Act 2025 (asp 13), ss. 23(3), 86(2); S.S.I. 2025/355, reg. 3(a); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 23 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(7) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 50 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 21 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 2(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(b)(ii), 59(1) (with s. 48(1)) Sch. 1 para. 14 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 11 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 15 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 55 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 8(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(g)(i), 59(1) (with s. 48(1)) S. 58 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 6(2) inserted (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), art. 1, sch. 4 para. 3(3) S. 69 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 53 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 25 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(9) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Words in s. 78(1) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(7)(b); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 1 para. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 24(2) repealed (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(2)(a); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Words in s. 77(4) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(d)(i); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 72 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 77(4) substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(d)(ii); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Word in sch. 3 para. 3(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(c)(ii), 59(1) (with s. 48(1)) Sch. 1 para. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 77(3) substituted (1.4.2026 for specified purposes) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(c)(ii); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 9 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 10(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(ii), 59(1) (with s. 48(1)) Word in sch. 3 para. 4(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(d)(i), 59(1) (with s. 48(1)) Sch. 1 para. 7 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 54 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Pt. 4 heading substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 8(3) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(g)(iii), 59(1) (with s. 48(1)) S. 19 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 10 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 17 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 10(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(iii), 59(1) (with s. 48(1)) S. 22 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(6) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Sch. 1 para. 22 inserted (1.7.2019) by The Private Housing (Tenancies) (Scotland) Act 2016 (Modification of Schedule 1) Regulations 2019 (S.S.I. 2019/216), regs. 1, 2 (with reg. 3) S. 61(3) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. S. 23 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 22(2) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. Words in sch. 2 substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(8); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 20 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 70 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 18 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(3) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 24(3)(4) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 1(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(a)(iii), 59(1) (with s. 48(1)) S. 56 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 73 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 2 para. 6 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 3 para. 12(6) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(b), 59(1) (with s. 48(1)) S. 22(1) (3)-(8) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 32 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 2(1)(5) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Sch. 3 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 2 para. 1 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. S. 28 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(12) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Pt. 4 Ch. 3 repealed (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(3); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 26 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(10) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) Sch. 2 para. 5 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. S. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 2 para. 7 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. S. 29 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(13) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Sch. 1 para. 8 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 8(2)(c) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(g)(ii), 59(1) (with s. 48(1)) S. 48 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 51 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 4 para. 9 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in sch. 3 para. 6(2) renumbered as sch. 3 para. 6(2)(a) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(e)(ii), 59(1) (with s. 48(1)) Word in sch. 3 para. 7(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(f)(ii), 59(1) (with s. 48(1)) S. 44 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 76(1A) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(5); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 18 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 17(1)(2) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Pt. 5A inserted (1.4.2026 for the purpose of inserting ss. 64B(1)(3), 64C(3), 64E, 64F, 64G, 64I(1)(3), 64J(3), 64L, 64M, 64N, and 64O to enable the Scottish Ministers to consult or make regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 35(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 5 para. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 17A and cross-heading inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 22(2), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Words in sch. 3 para. 4(2) renumbered as sch. 3 para. 4(2)(a) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(d)(ii), 59(1) (with s. 48(1)) S. 24 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(8) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 28 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 13 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 17(3) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. Word in sch. 3 para. 13(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(j)(i), 59(1) (with s. 48(1)) Sch. 3 para. 7(2)(d) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(f)(iii), 59(1) (with s. 48(1)) S. 51 modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 1 (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) S. 8 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. S. 75 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. (with reg. 6) Sch. 3 para. 14 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 52 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 8(5) repealed (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017 (S.S.I. 2017/346), regs. 1(1), 5(2) Sch. 1 para. 9 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 11 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 66 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 14 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 6 renumbered as sch. 1 para. 6(1) (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), art. 1, sch. 4 para. 3(2) Sch. 3 para. 2(2)(d) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(b)(iii), 59(1) (with s. 48(1)) Sch. 1 para. 6 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 7 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 77(3) inserted (7.1.2026 for specified purposes, 1.4.2026 for specified purposes) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(c)(i); S.S.I. 2025/355, reg. 3(c); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 34(2) in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Words in sch. 3 para. 12(4) renumbered as sch. 3 para. 12(4)(a) (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(a)(i), 59(1) (with s. 48(1)) S. 32 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 34 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(18) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 25 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 2(1)(2) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Sch. 4 para. 7 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 4 para. 8 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 48A inserted (1.4.2026 for the purpose of making regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 44(3), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 1 para. 5 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 7 in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. S. 61(1)(2)(4) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 73(2)(c) repealed (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(4)(c); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 21A treated as inserted (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(5) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with saving for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 31 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(14) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 33 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 11 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 3 para. 4(2)(b) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(d)(iii), 59(1) (with s. 48(1)) S. 7 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 2 para. 4 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 4 para. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 68 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 78(1) substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(7)(c); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 25 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 61(3) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. Sch. 4 para. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 5 para. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. (with reg. 6) S. 26 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 30 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 16 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 31A treated as inserted (temp. until the end of 31.3.2025) (1.4.2024) by virtue of The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 2(1)(4) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Sch. 3 para. 6(2)(b) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(e)(iii), 59(1) (with s. 48(1)) Sch. 2 para. 8 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. S. 60 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 17(3) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. Word in s. 73(2)(a) substituted (1.4.2026) by virtue of Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(4)(a)(i); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 63 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 19 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(4) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 73(2)(ca)(cb) inserted (1.4.2026 for the insertion of s. 73(2)(ca)) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(4)(d); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 54(3)(b) modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 4(1)(2) (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) Sch. 1 para. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 5 para. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. (with reg. 6) Sch. 3 para. 12(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(i), 59(1) (with s. 48(1)) S. 65 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 20 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 16 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 27 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(11) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) S. 32 modified (temp. until the end of 31.3.2024) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 1(1)(15) (with ss. 1(2), 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) (with savings for expiry in S.S.I. 2024/19, regs. 1(1), 2) Sch. 3 para. 12(4)(b) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(2)(a)(ii), 59(1) (with s. 48(1)) Words in s. 73(2)(b) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(4)(b); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 62(1) in force at 1.12.2017 in so far as not already in force by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 2(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(b)(i), 59(1) (with s. 48(1)) S. 64 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 27 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 2 para. 2 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 4 para. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 3(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(c)(i), 59(1) (with s. 48(1)) S. 34 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 2(1)(5) (with reg. 1(2) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Words in s. 77(1) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(a); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 49 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 4A treated as inserted (temp. until 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 4(1)(3)(b) (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2)); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) S. 47 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 34(1) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 1A treated as inserted (temp. until 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 4(1)(3)(a) (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) Sch. 3 para. 15 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 10(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(h)(i), 59(1) (with s. 48(1)) Word in sch. 3 para. 7(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(f)(i), 59(1) (with s. 48(1)) S. 21 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 15 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 13(2)(c) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(j)(iii), 59(1) (with s. 48(1)) S. 62(1) in force at 31.10.2016 for specified purposes by S.S.I. 2016/298, reg. 2, sch. Sch. 3 para. 8 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in s. 77(3) inserted (temp. until the end of 31.3.2025) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 3 para. 1(3) (with s. 11) (as amended (31.3.2023) by S.S.I. 2023/116, regs. 1(2), 2(3)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) S. 1 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 1 para. 19 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Word in sch. 3 para. 13(2) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(j)(ii), 59(1) (with s. 48(1)) Words in s. 77(2) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(b)(i); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 74 in force at 1.12.2017 for specified purposes by S.S.I. 2017/346, reg. 2, sch. S. 18 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 5 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 78(1) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(7)(a); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 S. 24(1)(2) in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 12A treated as inserted (temp. until the end of 31.3.2024) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 2 para. 4(1)(3)(c) (with ss. 6, 7, 8) (as amended: (1.4.2023) by S.S.I. 2023/82, regs. 1(3), 2(2); and (27.9.2023) by S.S.I. 2023/275, regs. 1(2), 2(2)) S. 71 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 3 para. 6 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 29 modified (temp. until the end of 31.3.2025) (1.4.2024) by The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024 (S.S.I. 2024/89), regs. 1(1), 2(1)(3) (with reg. 1(2)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Word in sch. 3 para. 1(2) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(a)(i), 59(1) (with s. 48(1)) Sch. 1 para. 13 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 57 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 77(2) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(b)(iii); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 2 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 67 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 29 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 31 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 12 in force at 31.10.2016 by S.S.I. 2016/298, reg. 2, sch. Sch. 1 para. 12 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 59 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Sch. 4 para. 4 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 17B inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 22(3), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 4 para. 11 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. Words in s. 77(2) substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 7(6)(b)(ii); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1 Sch. 3 para. 3(2)(d) and word inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 43(3)(c)(iii), 59(1) (with s. 48(1)) S. 3 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch. S. 34A and cross-heading (which is treated as temp. inserted) renumbered as s. 33ZA and cross-heading (31.3.2023) by virtue of The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023 (S.S.I. 2023/116), regs. 1(2), 2(2)(b)(i) Words in s. 77(3) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 46(3), 59(1) (with s. 48(1)) S. 33ZA and cross-heading inserted (temp. until the end of 31.3.2025) (28.10.2022) by virtue of Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 3 para. 1(2) (with s. 11) (as amended (31.3.2023) by S.S.I. 2023/116, regs. 1(2), 2(2)(b)) (with savings for expiry in S.S.I. 2025/29, regs. 1(1), 2) Pt. 1A inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 50(2), 145(4) (with s. 138); S.S.I. 2026/125, reg. 2(a) (with reg. 3) S. 75A inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 50(3), 145(4) (with s. 138); S.S.I. 2026/125, reg. 2(a) Words in s. 77(4) inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 50(4), 145(4) (with s. 138); S.S.I. 2026/125, reg. 2(a)