Private residential tenancy statutory terms: supporting notes
Notes to be used where the written terms of the tenancy are in an agreement drafted by the landlord. These notes supersede previous versions of this guidance.
Relevant Legislation
Rent (Scotland) Act 1984 - clarification of illegal premiums.
Housing (Scotland) Act 1987 - landlord’s identity requirement; overcrowding and serious disrepair regulation.
Antisocial Behaviour etc (Scotland) Act 2004 - landlord registration regulation, anti- social behaviour.
Housing (Scotland) Act 2006 - Housing in Multiple Occupation regime; Tenancy Deposit Scheme regulatory framework; landlord’s right of access; Repairing Standard and right to adapt properties.
Equality Act 2010 - discrimination, including in relation to alterations.
Interpretation and Legislative Reform (Scotland) Act 2010 - timing of service of notices
Private Rented Housing (Scotland) Act 2011 - changed the registration of private landlords; amendments to the Housing in Multiple Occupation licensing regime; introduction of Overcrowding Statutory Notices.
The Tenancy Deposit Schemes (Scotland) Regulations 2011 - tenancy deposit schemes
Housing (Scotland) Act 2014 - introduced regulatory system for letting agents.
Private Housing (Tenancies) (Scotland) Act 2016 - established the private residential tenancy.
Regulations under the Private Housing (Tenancies) (Scotland) Act 2016:
The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017
The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017
The Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017
The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, S.S.I. 2017/297
The Private Residential Tenancies (Information for Determining Rents and Fees for Copies of Information) (Scotland) Regulations 2017, S.S.I. 2017/296
The Notice to Local Authorities (Scotland) Amendment Regulations 2017, S.S.I. 2017/295
The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017, S.S.I. 2017/293
Data Protection Act 2018 - The landlord must comply with the requirements of the Data Protection Laws to ensure that the tenant's personal data is held securely and only disclosed where there is a lawful basis for doing so.
Coronavirus (Recovery and Reform) (Scotland) Act 2022 – introduced pre-action protocols for rent arrears and made all grounds for eviction discretionary.
PLEASE NOTE that links to legislation.gov.uk may show the enactments as originally made, so may not always show amendments.
Contact
Email: housing.legislation@gov.scot
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