This paragraph applies to a tenancy if sub-paragraphs (2) and (3) apply to it. Ethical Standards in Public Life etc. Allocations policies must be compliant . The Private Housing (Tenancies) (Scotland) Act 2016 (the 2016 Act) was passed by the Scottish Parliament on 17 March 2016 and received Royal Assent on 22 April 2016. 18A 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. (b)a tenancy to which Part VI of that Act applies, (c)a Part VII contract under that Act, or. (ii)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. If you are a landlord with a tenant under a short assured/assured tenancy agreement . Private Housing (Tenancies) (Scotland) Act 2016 2016 asp 19. 15(1) 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)the landlord lets, or is entitled to let, other properties in the same building or complex as the let property, (b)the let property and the other properties together include at least 30 bedrooms, and. The first date in the timeline will usually be the earliest date when the provision came into force. Paragraph 6 of schedule 4 to the 2016 Act disapplies the Requirements of Writing (Scotland) Act 1995 from the new tenancy. (a) it is a tenancy under which rent of, or equivalent to, less than £6 a week is payable, and. Part 1 of the Act provides for the abolition of the right to buy policy which allowed secure tenants of councils and some housing associations the legal right to buy, at a … 14A tenancy cannot be a private residential tenancy if the landlord is—. (Scotland) Act 2000 (asp 5) 10. Housing (Scotland) Act 1988 (c.43) 5. Guidance for private sector tenants on the Private Housing (Tenancies) (Scotland) Act 2016. 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. the terms of Section 64 of the Tribunals (Scotland) Act 2014 and Rule 40 of the First-Tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (“the 2017 Rules”) and given it could not be said there had been any unreasonable behaviour on the part of the Respondent in the conduct of the proceedings. 1. Housing Act 1988 (c.50) 6. (b)a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 (“the 1980 Act”). It creates the new private residential tenancy which will replace current assured and short assured tenancies. Housing Act 1988 (c.50) 6. Date: 12/04/2016 | Commercial Property, Planning, Residential Development The Private Housing (Tenancies) (Scotland) Act was recently passed in Parliament by MSPs and is likely to have a profound impact on private letting in Scotland and tenants in the private rented sector. Provisions in the 2016 Act. A tenancy cannot be a private residential tenancy if it is—. 9. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (1) The Bankruptcy and Diligence etc. 21A tenancy cannot be a private residential tenancy if it is—. (2)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. (1) The Housing (Scotland) Act 1987 is amended as follows.... Social Security Contributions and Benefits Act 1992. The Private Housing (Tenancies) (Scotland) Act 2016. Schedule 3 sets out the 18 grounds under which a landlord may seek eviction. Eight of the grounds are mandatory, which means that if the Tribunal is satisfied that the ground exists, it must issue an eviction order. The Act requires anyone who carries out regulated lobbying of MSPs and other public officials to record this on the public Lobbying Register. Abolition of Feudal Tenure etc. After 1 December, any new tenancy granted will be a private residential tenancy as long as: 1. 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. 2. It creates the new private residential tenancy which will replace Water Industry (Scotland) Act 2002 … (c)the landlord uses, or intends to use, the other properties predominantly for the purpose of housing students. (Scotland) Act 2000 (asp 7) 7. Ethical Standards in Public Life etc. There are changes that may be brought into force at a future date. Access essential accompanying documents and information for this legislation item from this tab. Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 22. The Housing (Scotland) Act received Royal Assent on 1 August 2014. 15A 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). The has requested advice, guidance or assistance from a local authority in fulfilment of its functions under paragraph (c) of that section. 3.Writing not required to constitute private residential tenancy, 4.Extended meaning of tenancy in this Act, 5.Extended meaning of tenancy and related expressions in other enactments, 9.Protection of terms allowing use of shared living accommodation, 10.Duty to provide written terms of tenancy, 12.Regulations about providing information, 13.Prohibition on charging for information, 14.Application to First-tier Tribunal to draw up terms, 15.First-tier Tribunal's power to draw up terms, 16.First-tier Tribunal's power to sanction failure to provide information, 17.Meaning of notice period in sections 14 and 16, CHAPTER 1 Restrictions in relation to rent, other charges and diligence, 19.Frequency with which rent may be increased, Restrictions on other charges and diligence, CHAPTER 2 Rent variation instigated by landlord's notice, 23.Modification of rent-increase notice by parties, 24.Tenant's right to refer increase to rent officer, 26.Rent officer's duty to issue provisional order, 27.Rent officer's power to correct final order, 28.Right of appeal to First-tier Tribunal, 29.First-tier Tribunal's power to set rent, 30.Finality of First-tier Tribunal's decision, Information about open market rent determinations, Designation and effect of rent pressure zone, 35.Request by local authority that a zone be designated, 36.Scottish Ministers' duty to react to request, 38.Restriction on rent increases within a zone, 40.Procedure for designating a zone: consultation and information, 42.Rent officer's power to allow rent rise in consequence of improvement, 43.Further provision about making and determining an application under section 42, 44.No termination by parties except in accordance with this Part, 45.Landlord's interest transfers with ownership of property, 47.Qualification of sub-tenant protection, 48.Tenant's ability to bring tenancy to an end, 49.Requirements for notice to be given by tenant, CHAPTER 3 Termination at landlord's instigation, 50.Termination by notice to leave and tenant leaving, 51.First-tier Tribunal's power to issue an eviction order, 52.Applications for eviction orders and consideration of them, 53.First-tier Tribunal's power to disapply protection for sub-tenants, Restrictions on applying for eviction order, 54.Restriction on applying during the notice period, 55.Restriction on applying 6 months after the notice period expires, 56.Restriction on applying without notifying local authority, 57.Wrongful termination by eviction order, 58.Wrongful termination without eviction order, 60.Notice to local authority of wrongful-termination order, 62.Meaning of notice to leave and stated eviction ground, 63.Landlord includes lender in some cases, 65.Termination of tenancy on tenant's death, 66.Termination of joint tenant's interest on death, 68.Other family member's entitlement to inherit, 72.First-tier Tribunal's duty to report unregistered landlords, PART 8 Consequential and transitional provision, TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES. Displays relevant parts of the explanatory notes interweaved within the legislation content. Local Government and Housing Act 1989 (c.42) 7. 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. No changes have been applied to the text. It replaced assured and short assured tenancies for new lets from 1st December 2017. 5. (4)For the purposes of sub-paragraph (3), a landlord is an institutional provider of student accommodation if—. This sub-paragraph applies to a tenancy if the landlord is—. First and foremost - the legislation is not yet fully in force. 3. 7. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 50 Termination by notice to leave and tenant leaving. sub-paragraph (2) or (3) applies to the tenancy. Housing (Scotland) Act 1988 Private Housing (Tenancies) (Scotland) Act 2016 you may need to make an application under the relevant civil proceedings rules- i.e rule 70, 91 or … 9. (3B) Before publishing any guidance mentioned in subsection (3A), the Scottish Ministers must consult such persons as they consider appropriate. “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—, the purpose of it is to confer on the tenant the right to occupy the let property while the tenant is a student, 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. Section 10 of the 2016 Act requires a landlord to give a tenant a written document setting out all of the terms of the tenancy. Private Housing (Tenancies) (Scotland) Act 2016 is up to date with all changes known to be in force on or before 01 April 2021. Scottish Public Services Ombudsman Act 2002 (asp 11) 9. 5. 1988 Act: 2016 Act: Tenancy framework: Assured tenancies created under the Housing (Scotland) Act 1988. Access essential accompanying documents and information for this legislation item from this tab. 2005/1379). 18. If your tenant makes any rent payments in cash, you have to give them a written receipt saying how much was paid and how much they still owe you. The 2016 Act tells your landlord how they can increase the rent and what other charges they can make. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Housing. Use this menu to access essential accompanying documents and information for this legislation item. 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