Law

Housing (Scotland) Act 1988

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 101 provisions

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101 provisions

25ZA Power to modify this Part

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25ZB Determination of rent payable

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25ZC Determination of open market rent

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25A Assured tenancies: transitional provisions

(1) This section applies in the case where an assured tenancy to which section 24 above applies, or an agreement relating to the tenancy, provides for the payment by the tenant to the landlord of sums in respect of council tax; and (a) the first anniversary of the date on which the rent has previously been increased (whether by agreement or by virtue of a notice under section 24(1) above or a determination under section 25) has not occurred; or (b) a notice is served before 1st April 1993 under section 24(1) above for the purpose of securing an increase in the rent but the new rent has not yet taken effect either by virtue of the notice or a determination under section 25 above. (2) At any time before— (a) 1st April 1994; or (b) the first anniversary of the date when the existing rent took effect, whichever is the earlier, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take account of any sums payable by the tenant to the landlord in respect of council tax and specifying a date when the new rent shall take effect. (3) The date specified in subsection (2) above shall, unless either of the conditions mentioned in subsection (4) below applies, be a date not earlier than one month after the date of service of the notice under this section. (4) The conditions referred to in subsection (3) above are that before the date specified in the notice— (a) the tenant by an application in the prescribed form refers the notice to the First-tier Tribunal; or (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. (5) Nothing in this section or section 25B affects the right of the landlord and tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent). (6) No more than one notice in respect of any tenancy may be served under this section.

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25B Determination of rent by the First-tier Tribunal where section 25A applies

(1) Where a tenant refers to the First-tier Tribunal a notice under section 25A, the First-tier Tribunal shall determine the amount by which the existing rent might reasonably be increased to take into account the tenant’s liability to make payments to the landlord in respect of council tax. (2) A determination under subsection (1) above shall, unless the landlord and tenant otherwise agree, have effect— (a) from the date specified in the notice under section 25A(2); or (b) if it appears to the First-tier Tribunal that such effect would cause undue hardship to the tenant, from such later date (being not later than the date of the determination) as the First-tier Tribunal may direct. (3) In any case where— (a) the First-tier Tribunal has before it at the same time a section 24 reference and a section 25A reference relating to the same tenancy; and (b) the date specified in the notice under section 24(1) is not later than the date specified in the notice under section 25A; and (c) the First-tier Tribunal proposes to hear the two references together, the First-tier Tribunal shall make a determination in relation to the section 24 reference before making their determination in relation to the section 25A reference. (4) In any case where paragraphs (a) and (c), but not paragraph (b), of subsection (3) above are satisfied— (a) the First-tier Tribunal shall make a determination in relation to the section 24 reference before the section 25A reference; and (b) the rent determined for the purposes of the section 25A reference shall take effect from the date specified in the notice given under that section. (5) In this section— (a) “section 24 reference” means the reference of a notice under section 24(1); (b) “section 25A reference” means the reference of a notice under section 25A; and (c) “rent” has the same meaning as in section 25. (6) Section 25(2) applies to a determination under this section as it applies to a determination under that section.

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26 Access for repairs.

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord reasonable access to the house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

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26A Discriminatory terms relating to children or benefits status

(1) A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and (b) 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. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or (ii) to prohibit the tenant from being a benefits claimant. (4) In this section— “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.

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27 Prohibition of premiums etc. on assured tenancies.

Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 (which make it an offence to require premiums and advance payment of rent in respect of protected tenancies and make related provision) shall apply in relation to assured tenancies as they apply in relation to protected tenancies (including protected tenancies which are regulated tenancies), but with the following modifications— (a) section 83(5) shall not apply; and (b) section 88(1) shall apply as if for the references to 12th August 1971 there were substituted references to the date of commencement of this section.

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28 Effect of termination of tenancy on sub-tenancies which are or are under assured tenancies.

(1) If the First-tier Tribunal makes an order for possession of a house from a tenant nothing in the order shall affect the right of any sub-tenant to whom the house or any part of it has been lawfully sublet on an assured tenancy before the commencement of the proceedings to retain possession by virtue of this Part of this Act, nor shall the order operate to give a right to possession as against any such sub-let. (2) Where an assured tenancy of a house is terminated, either as a result of an order for possession or for any other reason, any sub-tenant to whom the house or any part of it has been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenant’s assured tenancy had continued. (3) A tenancy which, but for paragraph 2 of Schedule 4 to this Act, would have been an assured tenancy shall be treated for the purposes of subsection (2) above as an assured tenancy.

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29 Restriction on diligence.

No diligence shall be done in respect of the rent of any house let on an assured tenancy except with the leave of the First-tier Tribunal ; and the Tribunal shall, with respect to any application for such leave, have the same powers with respect to adjournment, sist, suspension, postponement and otherwise as are conferred by section 20 above in relation to proceedings for possession of such a house.

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30 Duty of landlord under assured tenancy to provide written tenancy document and weekly rent book.

(1) It shall be the duty of the landlord under an assured tenancy (of whatever duration)— (a) to draw up a document stating (whether expressly or by reference) the terms of the tenancy; (b) to ensure that it is so drawn up and executed that it is probative or holograph of the parties; and (c) to give a copy of it to the tenant. (2) On ... application by a tenant under an assured tenancy, the First-tier Tribunal shall by order— (a) where it appears to the Tribunal that the landlord has failed to draw up a document which fairly reflects the existing terms of the tenancy, draw up such a document or, as the case may be, adjust accordingly the terms of such document as there is; and (b) in any case, declare that the document (as originally drawn up or, where the Tribunal has drawn it up or adjusted it, as so drawn up or adjusted) fairly reflects the terms of the assured tenancy; and, where the Tribunal has made such a declaration in relation to a document which the Tribunal has drawn up or adjusted, it shall be deemed to have been duly executed by the parties as so drawn up or adjusted. (3) A tenant shall not be required to make payment in respect of anything done under subsection (1) above. (4) Where, under an assured tenancy, rent is payable weekly, it shall be the duty of the landlord to provide a rent book. (5) A rent book shall contain such notices which shall be in such form and shall relate to such matters as may be prescribed and otherwise shall comply with such requirements as may be prescribed. (6) If, at any time, the landlord fails to comply with any requirement imposed by or under subsection (4) or (5) above he and any person who on his behalf demands or receives rent in respect of the tenancy shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. (7) Where an offence under subsection (6) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

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30A Duty of landlord to provide certain information

(1) A person who is to be the landlord under an assured tenancy (of whatever duration) must provide the person who is to be the tenant of that tenancy with the documents specified by virtue of section 30B(1) (“the standard tenancy documents”). (2) The standard tenancy documents must be provided no later than the date on which the assured tenancy commences. (3) Where there are to be joint landlords under the tenancy, the duty under subsection (1) may be satisfied by any one of them. (4) A person under the duty mentioned in subsection (1) who (without reasonable excuse) does not comply with that duty is guilty of an offence. (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. (6) Where an offence under subsection (4) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

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30B Duty of landlord to provide certain information: further provision

(1) The Scottish Ministers may by order— (a) specify the documents to be provided under section 30A(1) which may, in particular, include— (i) documents containing information about the tenancy; (ii) documents containing information about the house; (iii) documents containing information about the person who is to be the landlord; (iv) documents containing information about the rights and responsibilities of tenants and landlords; (v) copies of documents which the person who is to be the landlord is under a duty to provide by virtue of this Act (other than section 30A(1)) or any other enactment; (b) make such further provision about the documents as they think fit, including, in particular, provision about the form of, and the information to be included in (or excluded from), any of the documents; (c) make provision so that the giving of a document (or copy of a document) specified under subsection (1)(a)(v), either in pursuance of the duty under section 30A(1) or by virtue of another provision of this Act or any other enactment, has the effect of satisfying all or any such obligations; (d) make provision about whether the documents may be provided separately or whether they must all be provided at the same time. (2) Before making an order under subsection (1), the Scottish Ministers must consult— (a) such persons and bodies as they consider representative of the interests of— (i) tenants; (ii) private sector landlords; (iii) persons who act as agents for such landlords, as they consider appropriate; and (b) such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).

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31 Right of succession of spouse.

(1) In any case where— (a) the sole tenant under an assured tenancy dies; and (b) immediately before the death the tenant’s spouse or civil partner was occupying the house as his or her only or principal home; and (c) the tenant was not himself a successor as explained in subsection (2) or (3) below, the tenant’s spouse or civil partner shall, as from the death and for so long as he or she retains possession of the house without being entitled to do so under a contractual tenancy, be entitled to a statutory assured tenancy of the house. (2) For the purposes of this section, a tenant was a successor in relation to a tenancy— (a) if the tenancy had become vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or (b) if he was a statutory assured tenant by virtue of section 3A of the Rent (Scotland) Act 1984; or (c) if at some time before the tenant’s death the tenancy was a joint tenancy held by him and one or more other persons and, prior to his death, he had become the sole tenant by survivorship; or (d) in the case of a tenancy (hereinafter referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if— (i) at some time before the grant of the new tenancy he was, by virtue of paragraph (a), (b) or (c) above, a successor to an earlier tenancy of the same or substantially the same house as is let under the new tenancy; and (ii) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the house which is let under the new tenancy or of a house which is substantially the same as that house. (3) No order for possession under Ground 7 of Schedule 5 to this Act shall be made— (a) in relation to a case to which this section relates by virtue of subsection (1) above; or (b) where the tenant’s spouse or civil partner succeeds to the tenancy under the will or intestacy of the tenant. (4) For the purposes of this section a person who was living with the tenant at the time of the tenant’s death . (a) as his or her wife or husband shall be treated as the tenant’s spouse (b) in a relationship which had the characteristics of the relationship between civil partners shall be treated as the tenant’s civil partner

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31A Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force

(1) Subsection (2) applies where— (a) a sole tenant under an assured tenancy dies on or after 1 December 2017 , and (b) an individual succeeds to the tenancy. (2) As soon as the individual becomes the tenant, the tenancy— (a) ceases to be an assured tenancy (if, but for this section, it would have been one), and (b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.

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32 Short assured tenancies.

(1) A short assured tenancy is an assured tenancy— (a) which is for a term of not less than six months; and (b) in respect of which a notice is served as mentioned in subsection (2) below. (2) The notice referred to in subsection (1)(b) above is one which— (a) is in such form as may be prescribed; (b) is served before the creation of the assured tenancy; (c) is served by the person who is to be the landlord under the assured tenancy (or, where there are to be joint landlords under the tenancy, is served by a person who is to be one of them) on the person who is to be the tenant under that tenancy; and (d) states that the assured tenancy to which it relates is to be a short assured tenancy. (3) Subject to subsection (4) below, if, at the finish of a short assured tenancy— (a) it continues by tacit relocation; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the continued tenancy ... shall be a short assured tenancy, whether or not it fulfils the conditions in paragraphs (a) and (b) of subsection (1) above. (4) Subsection (3) above does not apply if, before the beginning of the continuation of the tenancy ..., the landlord or, where there are joint landlords, any of them serves written notice in such form as may be prescribed on the tenant that the continued ... tenancy is not to be a short assured tenancy. (5) Section 25 above shall apply in relation to a short assured tenancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to a short assured tenancy.

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33 Recovery of possession on termination of a short assured tenancy.

(1) Without prejudice to any right of the landlord under a short assured tenancy to recover possession of the house let on the tenancy in accordance with sections 12 to 31 of this Act, the First-tier Tribunal may make an order for possession of the house if the Tribunal is satisfied— (a) that the short assured tenancy has reached its finish; (b) that tacit relocation is not operating; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) that the landlord (or, where there are joint landlords, any of them) has given to the tenant notice stating that he requires possession of the house , and (e) that it is reasonable to make an order for possession. (2) The period of notice to be given under subsection (1)(d) above shall be— (i) if the terms of the tenancy provide, in relation to such notice, for a period of more than two months, that period; (ii) in any other case, two months. (3) A notice under paragraph (d) of subsection (1) above may be served before, at or after the termination of the tenancy to which it relates. (4) Where the First-tier Tribunal makes an order for possession of a house by virtue of subsection (1) above, any statutory assured tenancy which has arisen as at that finish shall end (without further notice) on the day on which the order takes effect. (5) For the avoidance of doubt, sections 18 and 19 do not apply for the purpose of a landlord seeking to recover possession of the house under this section.

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34 Reference of rents under short assured tenancies to the First-tier Tribunal

(1) Subject to subsection (2) and section 35 below, the tenant under a short assured tenancy may make an application in the prescribed form to the First-tier Tribunal for a determination of the rent which, in the First-tier Tribunal’s opinion, the landlord might reasonably be expected to obtain under the short assured tenancy. (2) No application may be made under this section if the rent payable under the tenancy is a rent previously determined under this section or section 25 above. (3) Where an application is made to the First-tier Tribunal under subsection (1) above with respect to the rent under a short assured tenancy, the First-tier Tribunal shall not make such a determination as is referred to in that subsection unless it considers — (a) that there is a sufficient number of similar houses in the locality let on assured tenancies (whether short assured tenancies or not); and (b) that the rent payable under the short assured tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above. (4) Where, on an application under this section, the First-tier Tribunal make a determination of a rent for a short assured tenancy— (a) the determination shall have effect from such date as the First-tier Tribunal may direct, not being earlier than the date of the application; (b) if at or after the time when the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and (c) no further new rent for a tenancy of the house shall take effect under section 24(3) or 25 above until after the first anniversary of the date on which the determination takes effect. (5) Subsections (3), (4) and (7) of section 25 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section.

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35 Disapplication of the First-tier Tribunal’s functions under section 34

(1) If the Secretary of State by order so provides, section 34 above shall not apply in such cases or to tenancies of houses in such areas or in such other circumstances as may be specified in the order. (2) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

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36 Damages for unlawful eviction.

(1) This section applies if, at any time after 3rd December 1987, a landlord or any person acting on his behalf unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises. (2) This section also applies if, at any time after 6th July 1988, a landlord or any person acting on his behalf— (a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises; or (b) knowingly or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises— (i) to give up his occupation of the premises or any part thereof; or (ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof, does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and, as a result, the residential occupier gives up his occupation of the premises as a residence. (3) Subject to the following provisions of this section, where this section applies, the landlord shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 37 below. (4) Any liability arising by virtue of subsection (3) above— (a) shall be in the nature of a liability in delict; and (b) subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in delict, contract or otherwise). (4A) Any action to enforce liability arising from this section must be raised in the First-tier Tribunal unless the residential occupant's claim is founded on the premises in question being subject to a Scottish secure tenancy or to a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)). (5) Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss. (6) No liability shall arise by virtue of subsection (3) above if— (a) before the date on which the proceedings to enforce the liability are finally decided, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or (b) at the request of the former residential occupier, the sheriff or First-tier Tribunal makes an order as a result of which he is reinstated as mentioned in paragraph (a) above. (6A) For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided— (a) if no appeal may be made against the decision in these proceedings; (b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused; (c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or (d) if an appeal is made but is abandoned before it is determined. (6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court or, as the case may be, the First-tier Tribunal — (a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or (b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, the court or, as the case may be, the First-tier Tribunal may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate. (7) In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defender to prove that he believed, and had reasonable cause to believe— (a) that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or (b) that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. (8) In this section— (a) “residential occupier”, in relation to any premises, means a person occupying the premises as a residence whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises; (b) “the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question; (c) “former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).

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37 The measure of damages.

(1) The basis for the assessment of damages referred to in section 36(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between— (a) the value of the landlord’s interest determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and (b) the value of the landlord’s interest determined on the assumption that the residential occupier has ceased to have that right. (2) For the purposes of the valuations referred to in subsection (1) above, it shall be assumed— (a) that the landlord is selling his interest in the premises on the open market to a willing buyer; (b) that neither the residential occupier nor any member of his family wishes to buy; and (c) that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land. (3) Subsection (8) of section 36 above applies in relation to this section as it applies in relation to that. (4) Section 83 of the Housing (Scotland) Act 1987 (meaning of “members of a person’s family”) applies for the purposes of subsection (2)(b) above. (5) The reference in subsection (2)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than— (a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or (b) a change of use resulting in a building on the land or any part of such a building being used as, or as part of, one or more dwelling-houses; and in this subsection “general development order” has the same meaning as in section 40(3) of the Town and Country Planning (Scotland) Act 1972 and other expressions have the same meaning as in that Act.

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38 Further offence of harassment.

(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”. (2) After that subsection there shall be inserted the following subsections— (2A) Subject to subsection (2B) below the landlord of any premises or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (2B) A person shall not be guilty of an offence under subsection (2A) above . . . if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. .

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39 Variation of scope of sections 23 and 24 of Rent (Scotland) Act 1984.

(1) In subsection (1) of section 23 of the Rent (Scotland) Act 1984 (prohibition of eviction without due process of law) before the word “it” there shall be inserted the words “subject to section 23A,”. (2) After subsection (2) of that section there shall be inserted the following subsection— (2A) Subsections (1) and (2) above apply in relation to any premises occupied (whether exclusively or not) as a dwelling other than under a tenancy as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly. . (3) In section 24 of the Rent (Scotland) Act 1984 (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection— (2A) In accordance with section 23(2A) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the person having a right to occupy premises as a dwelling otherwise than under a tenancy, being a right which has come to an end; and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly. .

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40 Cases excluded from sections 23 and 24 of Rent (Scotland) Act 1984.

After section 23 of the Rent (Scotland) Act 1984 there shall be inserted the following section— Excluded tenancies and occupancy rights. 23A (1) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if— (a) under its terms the occupier has the use of any accommodation in common with the owner or a member of his family (whether or not in common with other persons); and (b) immediately before the tenancy or right was granted and at all times since then the owner occupied as his only or principal home premises of which the whole or part of the accommodation referred to in paragraph (a) above formed part. (2) In subsection (1) above— (a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access; (b) “owner” means, in relation to a tenancy, the landlord and, in relation to a right to occupy, the person granting it, and in any case where there are joint landlords or grantors any one of them shall be regarded as the “owner”; and (c) “occupier” means, in relation to a tenancy, the tenant and, in relation to a right to occupy, its grantee; and section 83 of the Housing (Scotland) Act 1987 shall apply to determine whether a person is for the purposes of subsection (1) above a member of another’s family as it applies for the purposes of that Act. (3) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it was granted as a temporary expedient to a person who entered the premises in question or any other premises without right or title (whether or not before the beginning of that tenancy or grant of that right another tenancy or right to occupy the premises or any other premises had been granted to him). (4) Nothing in section 23 or 24 of this Act applies to a tenancy or right of occupancy if it confers on the tenant or occupier the right to occupy the premises for a holiday only. (5) Nothing in section 23 or 24 of this Act applies to a right of occupancy which confers rights of occupation in a hostel, within the meaning of the Housing (Scotland) Act 1987, which is provided by— (a) a local authority within the meaning of the Local Government (Scotland) Act 1973 or a joint board or joint committee within the meaning of that Act; (b) a development corporation within the meaning of the New Towns (Scotland) Act 1968; (c) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980; (d) the Scottish Special Housing Association; (e) Scottish Homes; (f) a registered housing association, within the meaning of the Housing Associations Act 1985; or (g) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State. (6) The power to make an order under subsection (5)(g) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. .

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41 Power of Secretary of State to repeal sections 33 and 58 of Rent (Scotland) Act 1984 and to reduce phasing progressively.

(1) The Secretary of State may by order repeal sections 33 (phasing of rent increases) and 58 (phasing of progression to registered rent) of the Rent (Scotland) Act 1984. (2) An order under subsection (1) above may amend any enactment (including this Act). (3) No order under subsection (1) above shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (4) In the said section 33, in subsection (1) for the words “of 12 months” in both places where they occur there shall be substituted the words “specified in the order”. (5) In the said section 58— (a) in subsections (3) and (4), at the end there shall be added the words “or for such other period as the Secretary of State may by order specify”; (b) after subsection (7) there shall be inserted the following subsection— (7A) An order under subsections (3) or (4) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may contain such supplementary or incidental material as the Secretary of State thinks fit. .

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42 New protected tenancies restricted to special cases.

(1) A tenancy which begins on or after the commencement of this section cannot be a protected tenancy, unless— (a) it is entered into in pursuance of a contract made before the commencement of this section; or (b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the protected tenant (or one of the protected tenants) or a statutory tenant of the same landlord; or (c) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the First-tier Tribunal being satisfied as mentioned in section 11(1)(a) of the Rent (Scotland) Act 1984 (suitable alternative accommodation available) or on it appearing to the court, under section 48(2)(b) or (c) of the Housing (Scotland) Act 1987, that other suitable accommodation was available; and (ii) the tenancy is of the premises which constitute the suitable alternative accommodation as to which the First-tier Tribunal was so satisfied or, as the case may be, the other suitable accommodation which appeared to the court to be available; and (iii) in the proceedings for possession the First-tier Tribunal or, as the case may be, the court directed that the tenancy would be a protected tenancy; or (d) it is granted in compliance with a direction under section 51(2)(ii) of the Housing (Scotland) Act 1987 (power of sheriff to direct that tenant of wrongfully repossessed house be given suitable alternative accommodation) or in pursuance of section 282(3)(b) of that Act (grant of tenancy upon acquisition by public sector authority of defective dwelling). (2) In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include— (a) a tenant under a short tenancy; (b) a protected or statutory tenant of a dwelling-house which was let under a short tenancy which has ended and in respect of which either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant, and in this subsection “short tenancy” includes a tenancy which, in proceedings for possession under Case 15 in Schedule 2 to to the Rent (Scotland) Act 1984 is treated as a short tenancy. (3) Expressions used in this section have the same meaning as in the Rent (Scotland) Act 1984.

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43 Removal of special regimes for tenancies of housing associations etc.

(1) In this section— (a) “housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies; (b) “secure tenancy” has the same meaning as in Part III of the Housing (Scotland) Act 1987. (2) A tenancy which is entered into on or after the commencement of this section cannot be a housing association tenancy unless— (a) it is entered into in pursuance of a contract made before the commencement of this section; or (b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or one of the tenants) under a housing association tenancy of the same landlord; or (c) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the Housing (Scotland) Act 1987; and (ii) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and (iii) in the proceedings for possession the court directed that it would be a housing association tenancy. (3) A tenancy which is entered into on or after the commencement of this section cannot be a secure tenancy unless— (a) the interest of the landlord belongs to— (i) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or (ia) Scottish Water; (iii) a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980); or (iv) the Scottish Special Housing Association; or (v) Scottish Homes; ... (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) it is entered into in pursuance of a contract made before the commencement of this section; or (c) it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was the secure tenant (or any one of the secure tenants) of the same landlord; or (d) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy, an order for possession of a house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the Housing (Scotland) Act 1987; and (ii) the tenancy is of premises which constitute the suitable accommodation as to which the court was so satisfied; and (iii) in the proceedings for possession referred to in sub-paragraph (i) above the court directed that it would be a secure tenancy.

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44 New “Part VII” contracts limited to transitional cases.

(1) No contract entered into after the commencement of this section shall be a Part VII contract for the purposes of the Rent (Scotland) Act 1984 unless it is entered into in pursuance of a contract made before the commencement of this section. (2) If the terms of a Part VII contract are varied after the commencement of this section then, subject to subsection (3) below— (a) if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and (b) if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract. (3) Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to— (a) a reduction or increase effected under section 66 of the Rent (Scotland) Act 1984 (power of the First-tier Tribunal); or (b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 67 of the Rent (Scotland) Act 1984. (4) Section 70(2) of the Rent (Scotland) Act 1984 (no cancellation of registration of rent until after 3 years) shall cease to have effect. (5) In this section “rent” has the same meaning as in Part VII of the Rent (Scotland) Act 1984.

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45 Transfer of existing tenancies.

(1) The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if— (a) at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (4) below); and (b) at some time after that commencement the interest of the landlord ceases to be so held. (2) The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this section if— (a) at that commencement or, if it is later, at the time it is entered into, it is a housing association tenancy; and (b) at some time after that commencement, it ceases to be such a tenancy. (3) On and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above— (a) the tenancy shall not be capable of being a protected tenancy or a housing association tenancy; (b) the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and (c) paragraph 1 of Schedule 4 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly. (4) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when— (a) it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or (aa) it belongs to Scottish Water; (c) it belongs to a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980); or (d) it belongs to the Scottish Special Housing Association; or (e) it belongs to Scottish Homes; ... (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department. (5) In this section— (a) “housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies; and (b) “protected tenancy” has the same meaning as in that Act.

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46 Statutory tenants: succession.

(1) In section 3 of the Rent (Scotland) Act 1984 (which makes provision as to statutory tenants and tenancies) in subsection (1) after the word “sections” there shall be inserted “3A,”. (2) After section 3 of that Act there shall be inserted the following section— Statutory tenants and tenancies: further provision as to succession. 3A (1) Where the person who is the original tenant, within the meaning of Schedule 1 to this Act, dies after the commencement of section 46 of the Housing (Scotland) Act 1988, the provisions of Schedule 1A to this Act shall have effect for determining what person (if any) is entitled to a statutory or statutory assured tenancy of the dwelling-house. (2) Where subsection (1) above does not apply but the person who is the first successor, within the meaning of the said Schedule 1, dies after the commencement of the said section 46, the provisions of Schedule 1B to this Act shall have effect for determining what person (if any) is entitled to a statutory assured tenancy of the dwelling-house by succession. (3) In any case where, by virtue of any provision of the said Schedules 1A or 1B to this Act, a person becomes entitled to an assured tenancy of a dwelling–house by succession, that tenancy shall be a statutory assured tenancy arising by virtue of the said section 46. . (3) Part I of Schedule 6 to this Act shall have effect for the purpose of inserting new Schedules 1A and 1B into the Rent (Scotland) Act 1984. (4) If and so long as a house is subject to an assured tenancy to which a person has become entitled by succession, section 18 of and Schedule 5 to this Act shall have effect subject to the modifications in Part II of Schedule 6 to this Act.

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46A Change to private residential tenancy by agreement

(1) 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. (2) On the day specified by the landlord and the tenant under subsection (1), the tenancy— (a) ceases to be an assured tenancy, and (b) becomes a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 (“the 2016 Act”). (3) 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.

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47 Rent (Scotland) Act 1984 not to apply to tenancies subject to shared ownership agreements.

(1) In section 5 of the Rent (Scotland) Act 1984 (exclusion from being protected or statutory tenancy) after subsection (5) there shall be inserted the following subsection— (5A) A tenancy which is a lease under a shared ownership agreement within the meaning of section 106(2) of the Housing Associations Act 1985 shall not be a protected tenancy. . (2) In section 55 of that Act (tenancies to which sections 55 to 59 of that Act apply) after the word “above” there shall be inserted the words “but do not apply, and shall be deemed never to have applied, to a tenancy which is a lease under a shared ownership agreement within the meaning of section 106(2) of the Housing Associations Act 1985.”.

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48 First-tier Tribunal: procedure and information powers

(1) In section 53 of the Rent (Scotland) Act 1984 (regulations of the Secretary of State) at the end of paragraph (b) of subsection (1) (procedure of rent officers ...) there shall be added the words “whether under this Act or the Housing (Scotland) Act 1988”. (2) The First-tier Tribunal may by notice in the prescribed form served on the landlord or the tenant require him to give to the First-tier Tribunal, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as it may reasonably require for the purposes of its functions. (3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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48A Amounts attributable to services.

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 25 or 34 above, the First-tier Tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the First-tier Tribunal, is fairly attributable to the provision of services, except where that amount is in its opinion negligible; and the amounts so noted may be included in the information specified in an order under section 49 below.

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49 Information as to determination of rents.

(1) The First-tier Tribunal shall keep and make publicly available, in such manner as is specified in an order made by the Secretary of State, such information as may be so specified with respect to rents under assured tenancies which have been the subject of, or taken into account on, references or applications to, or determinations by, the First-tier Tribunal. (2) A copy of any information kept under subsection (1) above, purporting to be certified under the hand of an authorised officer of the First-tier Tribunal shall, unless the contrary is shown, be deemed to have been signed by such officer and be sufficient evidence of that information. (3) An order under subsection (1) above— (a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and (b) may make different provision with respect to different cases or description of case, including different provision for different areas.

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50 Powers of local authorities for the purposes of giving information.

Any local authority shall have power to publish information, for the assistance of landlords and tenants, as to their rights and duties under the provisions of this Part of this Act and as to the procedure for enforcing those rights or securing the performance of those duties.

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51 Application to Crown.

(1) Subject to subsection (2) below and paragraph 10 of Schedule 4 to this Act, this Part of this Act applies in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in relation to which no such interest subsists or ever subsisted. (2) Sections 36 and 37 of this Act do not bind the Crown but sections 38 to 40 of this Act bind the Crown to the extent provided for in section 26 of the Rent (Scotland) Act 1984. (3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

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52 Saving for common law as to effect of notice of termination upon tacit relocation.

Nothing in this Part of this Act prejudices any rule of law relating to the effect of the giving of notice of termination of a lease upon the operation of tacit relocation.

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53 Orders and regulations.

(1) Any power of the Secretary of State to make orders or regulations under this Part of this Act shall be exercised by statutory instrument. (2) A statutory instrument containing any order or regulation under this Part, other than an order under section 35 or 41 above or regulations under section 18(4A)(b) ..., shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Orders or regulations under this Part may make different provision for different cases or circumstances or different areas and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

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54 Notice under Part II.

A notice served under this Part of this Act on a person or notice so given to him may be served or given — (a) by delivering it to him; (b) by leaving it at his last known address; or (c) by sending it by recorded delivery letter to him at that address.

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