SCOTTISH STATUTORY INSTRUMENT
2017 No. 408
Housing
The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017
Made 21th November 2017
Coming into force 1st December 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(1) and (3) and 8(3) of the Private Housing (Tenancies) (Scotland) Act 2016and all other powers enabling them to do so.
In accordance with section 8(4) and (5) of that Act, the Scottish Ministers have consulted such persons who are likely to be affected by these Regulations.
In accordance with section 77(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
S-1
Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These Regulations may be cited as the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 and come into force on 1st December 2017.
(2) In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.
Statutory terms
2. The statutory terms of every private residential tenancy are set out in the schedule.
S-3
Modification of statutory term by agreementModification of statutory term by agreement
3. The statutory terms set out in paragraphs 4 and 5 of the schedule apply in relation to a tenancy subject to any modification of the terms agreed between the landlord and the tenant, where the person mentioned in paragraphs 4 and 5 is not—
(a) in a qualifying relationship with the tenant as defined in section 70(1)(a) of the Act;
(b) a member of the tenant’s family as defined in section 70(1)(b) of the Act; or
(c) a resident carer as defined in section 69(5) of the Act.
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st November 2017
SCHEDULE
Regulation 2
Statutory terms
Rent receipts
1. Where any payment of rent is made in cash, the landlord must provide the tenant with a written receipt for the payment stating—
(c) either (as the case may be)—
(i) the amount which remains outstanding; or
(ii) confirmation that no further amount remains outstanding.
Rent increases
2. The rent may be increased only in accordance with Chapter 2 of Part 4 of the Act.
Subletting etc.
3. The tenant may not, without the written agreement of the landlord—
(a) sublet the let property (or any part of it);
(c) assign the tenant’s interest in the let property (or any part of it); or
(d) otherwise part with, or give up to another person, possession of the let property (or any part of it).
Notification about other residents
4. If a person aged 16 or over (who is not a joint tenant) occupies the let property with the tenant as that person’s only or principal home, the tenant must tell the landlord in writing—
(a) that person’s name; and
(b) the person’s relationship to the tenant.
5. If—
(a) in accordance with the term specified in paragraph 4, the landlord has been told about a person occupying the let property; and
(b) that person has ceased to occupy the...
