
1 

(1) These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 3, Amendment, Saving Provision and Revocation) Regulations 2017 and come into force on 1st December 2017.
(2) In these Regulations—
 “the 1988 Act” means the Housing (Scotland) Act 1988; and
 “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016.
2 

(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject matter of which is specified in column 2 of that table) is 1st December 2017.
(2) Where a purpose is specified in column 3 of the table in the schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.
3 

(1) The Rent (Scotland) Act 1984 is amended in accordance with paragraph (2).
(2) In section 3B(1)(a) for “the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force” substitute “1 December 2017”.
4 

(1) The 1988 Act is amended in accordance with paragraphs (2) and (3).
(2) In section 12(1A) for “the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force” substitute “1 December 2017”.
(3) In section 31A(1)(a) for “the day that section 1 of the Private Housing (Tenancies) (Scotland) Act 2016 comes into force” substitute “1 December 2017”.
5 

(1) The 2016 Act is amended in accordance with paragraph (2).
(2) Section 8(5) is repealed.
6 
Despite the amendments made by section 75 and paragraphs 1, 2 and 3 of schedule 5 of the 2016 Act, sections 12, 32 and 33 of the 1988 Act have effect on and after 1st December 2017 as they had effect immediately before that date but only in relation to—
(a) a short assured tenancy (within the meaning given in section 32(1) of the 1988 Act) which was created before 1st December 2017 and continues in existence on that date;
(b) a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which came into being before 1st December 2017 and continues in existence on that date; and
(c) a new contractual tenancy (within the meaning given in section 32(3)(b) of the 1988 Act) which comes into being on or after 1st December 2017 at the ish of a short assured tenancy which is a short assured tenancy in a case mentioned in paragraph (a) or (b).
7 
The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017 are revoked.
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th October 2017
SCHEDULE
Regulation 2


Column 1Provision of the 2016 Act Column 2Subject matter Column 3Purpose
Section 1 Meaning of private residential tenancy 
Section 2 Interpretation of section 1 (of the 2016 Act) 
Section 3 Writing not required to constitute private residential tenancy 
Section 4 Extended meaning of tenancy in the 2016 Act 
Section 5 Extended meaning of tenancy and related expressions in other enactments 
Section 6 Power to modify schedule 1 
Section 7 Statutory terms of tenancy Insofar as not already in force
Section 9 Protection of terms allowing use of shared living accommodation 
Section 10 Duty to provide written terms of tenancy 
Section 13 Prohibition on charging for information 
Section 14 Application to First-tier Tribunal to draw up terms 
Section 15 First-tier Tribunal’s power to draw up terms 
Section 16 First-tier Tribunal’s power to sanction failure to provide information 
Section 17 Meaning of notice period in sections 14 and 16 (of the 2016 Act) Insofar as not already in force
Section 18 Method by which rent may be increased 
Section 19 Frequency with which rent may be increased 
Section 20 No premiums, advance payments, etc. 
Section 21 Restriction on diligence 
Section 22 Landlord’s power to increase rent Insofar as not already in force
Section 23 Modification of rent-increase notice by parties 
Section 24 Tenant’s right to refer increase to rent officer Insofar as not already in force
Section 25 Rent officer’s power to set rent 
Section 26 Rent officer’s duty to issue provisional order 
Section 27 Rent officer’s power to correct final order 
Section 28 Right of appeal to First-tier Tribunal 
Section 29 First-tier Tribunal’s power to set rent 
Section 30 Finality of First-tier Tribunal’s decision 
Section 31 Liability of over or under paid rent 
Section 32 Determination of open market rent 
Section 33 Withdrawal of referral or appeal 
Section 34(1) Duty to make information available 
Section 35 Request by local authority that a zone be designated 
Section 36 Scottish Ministers’ duty to react to request 
Section 37 Power to designate a zone 
Section 38 Restriction on rent increases within a zone 
Section 39 Limits on power to designate a zone 
Section 40 Procedure for designating a zone: consultation and information 
Section 41 Power to change inflation index 
Section 42 Rent officer’s power to allow rent rise in consequence of improvement 
Section 43 Further provision about making and determining an application under section 42 (of the 2016 Act) Insofar as not already in force
Section 44 No termination by parties except in accordance with Part 5 of the 2016 Act 
Section 45 Landlord’s interest transfers with ownership of property 
Section 46 Protection for sub-tenants 
Section 47 Qualification of sub-tenant protection 
Section 48 Tenant’s ability to bring tenancy to an end 
Section 49 Requirements for notice to be given by tenant 
Section 50 Termination by notice to leave and tenant leaving 
Section 51 First-tier Tribunal’s power to issue an eviction order 
Section 52 Applications for eviction orders and consideration of them 
Section 53 First-tier Tribunal’s power to disapply protection for sub-tenants 
Section 54 Restriction on applying during the notice period 
Section 55 Restriction on applying 6 months after the notice period expires 
Section 56 Restriction on applying without notifying local authority 
Section 57 Wrongful termination by eviction order 
Section 58 Wrongful termination without eviction order 
Section 59 Wrongful-termination order 
Section 60 Notice to local authority of wrongful-termination order 
Section 61 (Requirements of) Sub-tenancy notice to leave Insofar as not already in force
Section 62 Requirements of notice to leave and stated eviction ground Insofar as not already in force
Section 63 Landlord includes lender in some cases 
Section 64 Six month periods 
Section 65 Termination of tenancy on tenant’s death 
Section 66 Termination of joint tenant’s interest on death 
Section 67 Partner’s entitlement to inherit 
Section 68 Other family member’s entitlement to inherit 
Section 69 Carer’s entitlement to inherit 
Section 70 Interpretation of Part 6 of the 2016 Act 
Section 71 First-tier Tribunal’s jurisdiction 
Section 72 First-tier Tribunal’s duty to report unregistered landlords 
Section 73 Minor errors in documents 
Section 74 Consequential modifications For the purpose of commencing paragraphs 1 to 4 and 6 to 11 of schedule 4
Section 75 Transitional provision 
Schedule 1 Tenancies which cannot be private residential tenancies 
Schedule 3 Eviction grounds 
Schedule 4, paragraphs 1 to 4 and 6 to 11 Consequential modifications 
Schedule 5 Transition from regimes under earlier enactments 