SCHEDULE
Regulation 2
PROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 1st DECEMBER 2017
|
Column 1 Provision of the 2016 Act |
Column 2 Subject matter |
Column 3 Purpose |
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 |
