The Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017
| Jurisdiction | Scotland |
| Citation | SSI 2017/407 |
| Year | 2017 |
2017 No. 407
Housing
The Private Residential Tenancies (Information for Tenants) (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 11(1) and (2) and 12 of the Private Housing (Tenancies) (Scotland) Act 20161and all other powers enabling them to do so.
In accordance with section 11(3) of that Act, the Scottish Ministers have consulted such persons representing the interests of tenants and landlords under private residential tenancies as they think fit.
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.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Private Residential Tenancies (Information for Tenants) (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; and
“electronic document” means a document created and stored in an electronic form.
Performing the duty to provide written terms of tenancy
2.—(1) Where a duty arises by virtue of section 10(1) of the Act (duty to provide written terms of tenancy) the landlord must provide the tenant with—
(a)
(a) a paper document; or
(b)
(b) an electronic document.
(2) A document under paragraph (1) may be in the form of—
(a)
(a) the Model Private Residential Tenancy Agreement for a private residential tenancy2; or
(b)
(b) a tenancy agreement drafted by the landlord.
Duty to provide specified information
3.—(1) For the purposes of section 11(1)(a) of the Act (duty to provide specified information), the person who is, or is to be, the landlord under a private residential tenancy must provide the person who is, or is to be, the tenant with—
(a)
(a) where the written terms of the tenancy are in the form of the Model Private Residential Tenancy Agreement3, the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement4; or
(b)
(b) where the written terms of the tenancy are in the form of a tenancy agreement drafted by the landlord, the Private Residential Tenancy Statutory Terms Supporting Notes5.
(2) For the purposes of section 11(1)(b) o...
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