Housing (Scotland) Act 1988 - converting tenancies: equality impact assessment

Background

The Private Housing (Tenancies) (Scotland) Act 2016 ("the 2016 Act") created the private residential tenancy ("PRT"), which was to supersede tenancies under the Housing (Scotland) Act 1988 ("the 1988 Act"). Under the 2016 Act, tenancies which began on or after 1 December 2017 would be PRT unless they were excluded under Schedule 1 of the 2016 Act. Tenancies under the 1988 Act which already existed on this date could continue until they were brought to an end by the landlord or tenant. The intent of the 2016 Act was that PRTs would be the main tenancy for the private rented sector going forward.

Scottish Ministers propose to create a regulation making power which would enable a date to be set on which tenancies under the 1988 Act would convert to PRT under the 2016 Act. Exercise of this power would be subject to a consultation first. If used, this would enable tenants with tenancies under the 1988 Act to benefit from the protections under the 2016 Act, as well as proposed protections in this Bill, and reduce complexity and confusion in the sector.