Housing (Scotland) Act 2025

(43A) (1) This Part applies in relation to a private residential tenancy (in this Part, a “current tenancy”) of a property that— (a) is in a rent control area, and (b) is not an exempt property. (2) In this Part, “exempt property” has the meaning given by section 17D(1). (43B) (1) In this Part, a reference to the property let under a current tenancy as having been previously let is a reference to a property that— (a) is the same or substantially the same as the property that was let under the immediately preceding tenancy, and (b) is not an excluded property as mentioned in subsection (2). (2) For the purpose of subsection (1), the property let under the current tenancy is an excluded property if— (a) it was purchased by the landlord under the tenancy with vacant possession, and (b) the tenancy is the first private residential tenancy of the property granted by the landlord since the purchase. (3) In this Part, a reference to the immediately preceding tenancy is, in relation to a current tenancy, a reference to a private residential tenancy or an assured tenancy that— (a) immediately preceded the current tenancy, and (b) ended no more than 12 months before the start of the current tenancy. (4) The Scottish Ministers may by regulations modify this section to adjust the meaning of the expressions included in this section. (43C) (1) In this Part, “relevant rent increase”, in relation to a current tenancy, means— (a) an increase in the amount payable in rent under a previous private residential tenancy or an assured tenancy of a property that is the same or substantially the same as the property let (or to be let) under the current tenancy (“a relevant tenancy”), (b) a setting of the initial rent under a relevant tenancy (“tenancy A”) if— (i) that initial rent is an amount exceeding the final rent under the relevant tenancy that immediately preceded tenancy A (“tenancy B”), (ii) tenancy B ended no more than 12 months before the start of tenancy A, and (iii) the property let under tenancy A is not an excluded property as mentioned in subsection (2). (2) For the purpose of subsection (1), property let under tenancy A is an excluded property if— (a) the property was purchased by the landlord under tenancy A with vacant possession, and (b) tenancy A was the first private residential tenancy or assured tenancy granted by the landlord since the purchase. (43D) (1) In this Part, the “permitted rate” means the lower of— (a) CPI% plus one percentage point (but see subsection (3)), and (b) 6%. (2) In this section— - “consumer prices index” means— the all items consumer prices index published by the Statistics Board, or if that index is not published for a month, any substituted index or figures published by the Board, - “CPI%” means the percentage increase or decrease (rounded to the nearest 0.1%) in the consumer prices index, calculated by reference only to— the latest index, and the index published for the month which was 12 months before that to which the latest index relates, - “the latest index”— in a case of setting the initial rent under the current tenancy, means the last index published before the day on which the tenancy starts, in a case of a rent-increase notice, means the last index published before the day on which the notice is given to the tenant. (3) If the total percentage determined under subsection (1)(a) is less than 0%, it is to be treated instead as if it were 0%. (43E) (1) The Scottish Ministers may by regulations modify section 43D to substitute a different economic index for the one for the time being mentioned there. (2) The Scottish Ministers may by regulations modify section 43D to— (a) substitute a different percentage point for the one for the time being specified in subsection (1)(a) of that section, (b) substitute a different percentage for the one for the time being specified in subsection (1)(b) of that section. (3) The Scottish Ministers may make regulations under subsection (2) only if they consider that the modification is necessary to ensure that restrictions imposed by this Part on the rent payable under private residential tenancies of properties in a rent control area (other than exempt properties) are— (a) necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and (b) a necessary and proportionate control of landlords’ use of their property in the area. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) or (2) before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords, and (b) may consult any other person they consider appropriate. (43F) (1) In this Part— - “assured tenancy” means an assured tenancy under the Housing (Scotland) Act 1988, - “final rent”, in relation to a tenancy, means the amount that was payable in rent at the end of the tenancy, - “initial rent”, in relation to a tenancy, means the amount that is (or is to be) payable in rent at the start of the tenancy, - “previous rent increase”, in relation to a current tenancy, means— a setting of the initial rent under the current tenancy that exceeds the final rent under the immediately preceding tenancy, or a relevant rent increase. (2) For the purpose of this Part, whether property let under a tenancy is the same or substantially the same as property let under a previous tenancy is to be determined with reference to a comparison between the description of each property in the terms applying to each tenancy. (43G) (1) This section applies if the property let (or to be let) under a current tenancy was previously let. (2) If there was a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy. (3) If there was not a relevant rent increase during the period of 12 months before the start of the current tenancy, the initial rent under the current tenancy may not be more than the final rent under the immediately preceding tenancy as increased by the permitted rate. (43H) The rent payable under a current tenancy may be increased only in accordance with Chapter 2. (43I) (1) The rent payable under a current tenancy may not be increased— (a) if the let property was previously let— (i) on the first occasion after the setting of the initial rent under the current tenancy, unless the most recent previous rent increase took effect more than 12 months previously, (ii) thereafter, more than once in a 12 month period, (b) if the let property was not previously let— (i) during the first 12 months of the current tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations, (ii) more than once in any other 12 month period. (2) For the purpose of subsection (1)(a)(ii) or (b)(ii), where the last rent increase resulted from an order of a rent officer or the First-tier Tribunal, the 12 month period is to be regarded as commencing on the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made. (43J) (1) Sections 82, 83 and 86 to 90 of the Rent (Scotland) Act 1984 apply in relation to a current tenancy as they apply in relation to a tenancy of the kind to which those sections refer. (2) But— (a) section 83(5) of that Act is to be ignored, (b) the date mentioned in section 88(1) of that Act is to be read as if it were the date on which this section comes into force. (43K) Except with the leave of the First-tier Tribunal, no diligence is to be done in respect of— (a) the rent due by a tenant or former tenant under a current tenancy, (b) any liability of a tenant or former tenant arising under section 43U. (43L) (1) The landlord under a current tenancy may increase the rent payable under the tenancy by giving the tenant a notice in accordance with this section (“a rent-increase notice”). (2) But the landlord under a current tenancy may not increase the rent payable under the tenancy by more than the permitted rate. (3) The rent-increase notice must–– (a) specify–– (i) the rent that will be payable once the increase takes effect, (ii) the day on which the increase is to take effect, (iii) the reasons for the rent payable under the tenancy being increased, and (b) fulfil any other requirements prescribed by the Scottish Ministers in regulations. (4) The rent increase takes effect on the effective date, unless before that date— (a) the landlord intimates to the tenant that the notice is rescinded, (b) the tenant makes a referral to a rent officer under section 43N(2), or (c) the tenant applies to the First-tier Tribunal under section 43S(1). (5) For the purpose of subsection (4), the effective date is the date of the later of— (a) the day specified in the notice in accordance with subsection (3)(a)(ii), or (b) the day after the day on which the minimum notice period ends. (6) In subsection (5)(b), “the minimum notice period” means the period that— (a) begins on the day the notice is received by the tenant, and (b) ends on the day falling— (i) three months after it began, or (ii) whatever longer period after it began as the landlord and tenant have agreed between them. (7) In subsection (6), the reference to a period of three months is to a period that ends in the month that falls three months after the month in which it began, either— (a) on the same day of the month as it began, or (b) if the month in which the period ends has no such day, on the final day of that month. (43M) (1) This section does not apply in relation to a current tenancy if the permitted rate is 0%. (2) Anything specified in a rent-increase notice in accordance with section 43L(3)(a) may be modified by agreement between the landlord and tenant under the current tenancy. (3) But the landlord and the tenant may not modify a rent-increase notice under subsection (2) so as to increase the rent payable under the current tenancy by more than the permitted rate. (4) A modification made to a rent-increase notice by virtue of subsection (2) ceases to have effect if the notice subsequently prompts a referral to a rent officer under section 43N(2). (43N) (1) If a tenant who has received a rent-increase notice considers that the proposed increase in the rent payable under the current tenancy is more than the permitted rate, the tenant must notify the landlord in writing of the tenant’s view before the end of the day falling 30 days after the tenant receives the notice. (2) The tenant may make a referral to a rent officer for the area in which the let property is situated seeking a decision under section 43O in relation to the rent-increase notice if, before the end of the day falling 21 days after the landlord receives notification from the tenant under subsection (1), either— (a) where the permitted rate is 0%, the landlord has not notified the tenant in writing that the rent-increase notice has been withdrawn, or (b) in any other case, the landlord and the tenant have not agreed to a modification of the rent-increase notice so as to increase the rent payable in respect of the let property by no more than the permitted rate. (3) A referral to a rent officer under subsection (2) must be–– (a) in the prescribed form, (b) accompanied by the prescribed fee (if any), (c) intimated by the tenant to the landlord in the prescribed manner, and (d) made before the end of the day falling 42 days after the landlord receives notice from the tenant under subsection (1). (4) In subsection (3), “prescribed” means prescribed by the Scottish Ministers in regulations. (43O) (1) Where a rent officer receives a referral under section 43N(2), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate. (2) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the tenancy is the rent specified in the rent-increase notice. (3) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating— (a) where the permitted rate is 0%, that the rent-increase notice has no effect, (b) in any other case, that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer. (4) The rent determined by the rent officer under subsection (3)(b) must be the rent payable under the current tenancy as increased by the permitted rate. (5) For the purpose of subsections (2) and (3), the effective date is— (a) where the rent officer makes the order 14 days or more before the original effective date, the original effective date, (b) otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order. (6) In subsection (5)— - “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2), - “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. (43P) (1) A rent officer may, within 14 days of making an order under section 43O(2) or (3), remake the order for the purpose of curing an error in the original order made under that subsection. (2) The effective date of the remade order is to be specified in accordance with subsection (2) or (3) of section 43O as though it were an order made under either of those subsections. (3) Where an order is remade under this section— (a) the original order is of no effect, (b) other than in subsection (1), references in this Part to an order made under section 43O(2) or (3) are to be read as references to the remade order, (c) if a request for review of the original order has been made under section 43Q(1), the review is to be regarded as having been made against the remade order. (43Q) (1) Where a rent officer has made an order under section 43O(2) or (3) in relation to the rent payable under a current tenancy, the landlord or the tenant may request a review of the order by a different rent officer. (2) A request for a review of an order under subsection (1) must— (a) be made before the end of the day falling 14 days after the order is made, (b) be in the prescribed form, (c) be intimated by the landlord or the tenant (as the case may be) to the other party to the tenancy by sending a copy of the request to the other party. (3) Requesting a review under subsection (1) renders the order being reviewed of no effect. (4) In subsection (2), “prescribed” means prescribed by the Scottish Ministers in regulations. (43R) (1) Where a rent officer receives a request for a review under section 43Q(1), the rent officer is to decide whether the rent specified in accordance with section 43L(3)(a)(i) in the rent-increase notice prompting the referral to the first rent officer under section 43N(2) would be an increase in the rent payable under the current tenancy of more than the permitted rate. (2) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of no more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent specified in the rent-increase notice. (3) If the rent officer decides under subsection (1) that the rent specified in the rent-increase notice would be an increase in the rent payable under the current tenancy of more than the permitted rate, the rent officer must make an order stating that from the effective date the rent payable under the current tenancy is the rent determined by the rent officer. (4) The rent determined by the rent officer under subsection (3) must be the rent payable under the current tenancy as increased by the permitted rate. (5) For the purpose of subsections (2) and (3), the effective date is— (a) where the rent officer makes the order 14 days or more before the original effective date, the original effective date, (b) otherwise, the first payment date falling at least 14 days after the day on which the rent officer makes the order. (6) In subsection (5)— - “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the rent officer not been made under section 43N(2), - “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. (7) Where the rent officer makes an order under subsection (2) or (3), the order under section 43O(2) or (3) to which the request for review under section 43Q(1) relates is of no effect. (43S) (1) A tenant under a current tenancy of a property that was previously let who has received a rent-increase notice on the first occasion under the tenancy may apply to the First-tier Tribunal for determination of whether— (a) a previous rent increase took effect less than 12 months before the day on which the increase is to take effect (as specified in the notice in accordance with section 43L(3)(a)(ii)), (b) the initial rent under the tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be). (2) A tenant may make an application under subsection (1) only if— (a) the tenant has notified the landlord in writing before the end of the day falling 30 days after the tenant receives the rent-increase notice as to why the tenant considers that the circumstances mentioned in paragraph (a) or (b) (as the case may be) of subsection (1) are met, and (b) before the end of the day falling 21 days after the landlord receives notification from the tenant under paragraph (a), the landlord and tenant have not agreed to a modification of the rent-increase notice as mentioned in subsection (3). (3) The modification referred to in subsection (2)(b) is— (a) where the tenant considers that the circumstances mentioned in subsection (1)(a) are met, a modification so that the increase in rent is to take effect 12 months or more after the most recent previous rent increase took effect, (b) where the tenant considers that the circumstances mentioned in subsection (1)(b) are met, a modification so that the increase in the rent payable is based on increasing an amount of rent that is set in accordance with section 43G(2) or (3) (as the case may be). (4) An application to the First-tier Tribunal under subsection (1) must be— (a) intimated by the tenant to the landlord in the prescribed manner, and (b) made before the end of the day falling 42 days after the landlord receives the notice from the tenant in accordance with subsection (2)(a). (5) In subsection (4), “prescribed” means prescribed by the Scottish Ministers in regulations. (43T) (1) Subsection (2) applies where the First-tier Tribunal receives an application under section 43S(1)(a) in relation to a rent-increase notice given under a current tenancy. (2) If the Tribunal determines— (a) that any previous rent increase took effect less than 12 months before the original effective date, the Tribunal must make an order that the rent-increase notice is of no effect (and accordingly the rent payable under the current tenancy is unchanged), (b) that any previous rent increase took effect 12 months or more before the original effective date, the Tribunal must make an order stating that from the effective date the rent payable under the current tenancy is the lower of— (i) the rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), and (ii) the rent payable under the tenancy as increased by the permitted rate. (3) Subsection (4) applies where the First-tier Tribunal receives an application under section 43S(1)(b) in relation to a rent-increase notice given under a current tenancy. (4) If the Tribunal determines— (a) that the initial rent under the current tenancy (that is proposed to be increased by the rent-increase notice) was not set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the rent determined by the Tribunal, (b) that the rent payable at the start of the current tenancy (that is proposed to be increased by the rent-increase notice) was set in accordance with section 43G(2) or (3) (as the case may be), the Tribunal must make an order stating that from the effective date the rent payable under the tenancy is the lower of— (i) the rent specified in the rent-increase notice in accordance with section 43L(3)(a)(i), and (ii) the rent payable under the tenancy as increased by the permitted rate. (5) In determining the rent under subsection (4)(a), the First-tier Tribunal may not determine that the rent payable under the current tenancy from the effective date is more than the base rent as increased by the permitted rate. (6) For the purpose of subsection (2) or (4), the effective date is— (a) where the Tribunal makes the order 14 days or more before the original effective date, the original effective date, (b) otherwise, the first payment date falling at least 14 days after the day on which the Tribunal makes the order. (7) In this section— - “base rent” means the amount of rent that would have been payable from the start of the current tenancy had the rent been set in accordance with section 43G(2) or (3) (as the case may be), - “original effective date” means the date on which the rent would have been increased in accordance with section 43L(4) had the referral to the First-tier Tribunal not been made under section 43S(1), - “payment date” means a date on which a rent payment falls to be made in accordance with the terms of the current tenancy. (43U) (1) This section applies where–– (a) the rent payable under a current tenancy has been changed by an order made under— (i) section 43O(2) or (3), (ii) section 43R(2) or (3), or (iii) section 43T(2)(b) or (4)(a) or (b), (b) the effective date stated in the order (“the actual effective date”) falls later than the date on which the rent would have been increased in accordance with section 43L(4) had a referral to a rent officer not been made under section 43N(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43S(1) (“the originally proposed effective date”), and (c) the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”). (2) On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between–– (a) the amount that would have been payable in rent between the originally proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and (b) the amount that should have been paid in rent during the same period (whether or not it was actually paid). (3) Subsection (4) applies if, at the end of the day falling 28 days after a tenant’s liability under subsection (2) arose, that liability is (in whole or in part) still outstanding. (4) For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (3) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose. (5) In this section, a reference to a period between two dates includes both of those dates. (43V) (1) This section applies— (a) where a referral to the rent officer made under section 43N(2) is withdrawn by the tenant, (b) where— (i) a request for a review by another rent officer made under section 43Q(1) is withdrawn by one party, and (ii) either— (A) the other party has not requested a review in respect of the tenancy in question, or (B) any request for a review by the other party has been withdrawn, or (c) where an application to the First-tier Tribunal made under section 43S(1) is withdrawn by the tenant. (2) The order maker must make an order under section 43O(2) or (3), section 43R(2) or (3), or section 43T(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of— (a) the rent specified in the rent-increase notice, and (b) the rent payable under the tenancy as increased by the permitted rate. (3) Where the order maker is another rent officer in relation to the making of an order under section 43R(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review made under section 43Q(1) may be made. (4) In subsection (2)— - “order maker” means— in the case of the making of an order under section 43O(2) or (3), the rent officer, in the case of the making of an order under section 43R(2) or (3), another rent officer, in the case of the making of an order under section 43T(2)(b) or (4)(a) or (b), the First-tier Tribunal, - “the rent-increase notice” means the rent-increase notice that, as the case may be— prompted the referral to the rent officer, led to the request for review by another rent officer, or led to the application to the First-tier Tribunal. (43W) (1) The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay— (a) a financial penalty, or (b) a compensation payment to the tenant in question. (2) This subsection applies to a landlord against whom any of the following orders has been made— (a) an order of a rent officer made under section 43O(3), (b) an order of a rent officer made under section 43R(3), (c) an order of the First-tier Tribunal under section 43T(2)(a), (d) an order of the First-tier Tribunal under section 43T(4)(a). (3) Regulations under subsection (1) may, in particular, make provision for or in connection with— (a) the maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1), (b) the person to whom any financial penalty is payable, (c) matters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal, (d) the arrangements for payment of a financial penalty or compensation payment, (e) appeals against the imposition, or the amount, of a financial penalty or compensation payment, (f) enforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords, and (b) may consult any other person they consider appropriate. (5) The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect.

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Chapter 3 — Other restrictions on rent increases

Frequency of rent increases

Private residential tenancies not in rent control area: frequency of rent increase

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• (1) The 2016 Act is modified as follows.

• (2) In section 19 (frequency with which rent may be increased)—

• (a) in subsection (1), for the words “more than once in a 12 month period” substitute

— (a) during the first 12 months of the tenancy except in such circumstances as may be prescribed by the Scottish Ministers in regulations, (b) more than once in any other 12 month period

,

• (b) in subsection (2), for “subsection (1)” substitute “subsection (1)(b)”.

Capping of rent increases on referral or appeal

Private residential tenancies: capping of rent increase

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• (1) The 2016 Act is modified as follows.

• (2) In section 25 (rent officer’s power to set rent), in subsection (1)—

• (a) after “tenancy is” insert “the lower of—”,

• (b) the words “the rent determined by the rent officer in accordance with section 32” become paragraph (a),

• (c) after that paragraph insert

, and (b) the rent specified in accordance with section 22(2)(a)(i) in the rent-increase notice that prompted the referral.

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• (3) In section 29 (First-tier Tribunal’s power to set rent), in subsection (1)—

• (a) after “tenancy is” insert “the lower of—”,

• (b) the words “the rent determined by the First-tier Tribunal in accordance with section 32” become paragraph (a),

• (c) after that paragraph insert

, and (b) the rent specified in accordance with section 22(2)(a)(i) in the rent-increase notice that led to the appeal.

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• (4) In section 34 (duty to make information available), in subsection (1)—

• (a) the word “and” immediately following paragraph (a) is repealed,

• (b) in paragraph (b), the words “to be payable” are repealed,

• (c) after paragraph (b) insert

, and (c) what rents they have ordered to be payable in accordance with section 25(1) or (as the case may be) 29(1).

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Assured tenancies: capping of rent increase

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• (1) The Housing (Scotland) Act 1988 is modified as follows.

• (2) In section 25 (determination of rent by the First-tier Tribunal)—

• (a) in subsection (6), for “determined by the First-tier Tribunal (together with, in a case where subsection (4) above applies, the appropriate amount in respect of rates)” substitute “specified under subsection (6A)”,

• (b) after subsection (6) insert—

(6A) The rent specified is the lower of— (a) the rent determined by the First-tier Tribunal (together with, in a case where subsection (4) applies, the appropriate amount in respect of rates), and (b) the rent proposed in accordance with section 24(1) in the notice that led to the referral.

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Chapter 4 — Review of the operation of Part 1 of the Act

Review of the operation of Part 1 of the Act

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• (1) The Scottish Ministers must, as soon as reasonably practicable after the end of the review period—

• (a) carry out a review of the operation and effectiveness of Part 1, and

• (b) prepare a report on that review.

• (2) In carrying out the review under subsection (1)(a), the Scottish Ministers must consult—

• (a) local authorities, and

• (b) persons who appear to them to represent the interests of tenants and landlords.

• (3) In the report prepared under subsection (1)(b), the Scottish Ministers must, in particular—

• (a) state whether, in their opinion, the provisions of Part 1 have operated effectively during the review period and, if so, explain why,

• (b) describe the steps taken by them during that period to meet the requirements of Part 1,

• (c) describe how any regulation-making powers under Part 1 have been exercised by them during that period, and

• (d) describe the steps (if any) they propose to take as a result of the findings of the review.

• (4) The Scottish Ministers must, as soon as reasonably practicable after preparing the report—

• (a) publish the report, and

• (b) lay it before the Scottish Parliament.

• (5) In this section, “the review period” means the period of 5 years beginning with the day of Royal Assent.

Part 2 — Dealing with evictions

Evictions: duties to consider delay

Private residential tenancies: duty to consider delay to eviction

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• (1) The 2016 Act is modified as follows.

• (2) After section 51 insert—

(51A) (1) When specifying in an eviction order the day on which a tenancy is to end, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to specify a day that has the effect of delaying the bringing of the tenancy to an end (but see subsection (5)). (2) The Tribunal may consider in particular— (a) whether bringing the tenancy to an end without a period of delay would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness, (b) whether a period of delay in bringing the tenancy to an end would— (i) cause the landlord to experience financial hardship, (ii) have a detrimental effect on the health of the landlord, or (iii) have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and (c) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay the bringing of the tenancy to an end. (5) Subsection (1) does not apply if the Tribunal is satisfied that the only grounds established for the eviction order are one or more of the following eviction grounds— (a) that the tenant is not occupying the let property as the tenant’s home, (b) that the tenant has a relevant conviction, (c) that the tenant has engaged in relevant anti-social behaviour. (6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the Tribunal.

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Scottish secure tenancies etc.: duty to consider delay to eviction

29

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) After section 16 insert—

(16A) (1) When appointing a date for recovery of possession of a house in an order under section 16(2), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)). (2) The court may consider in particular— (a) whether giving the landlord the right to recover possession without a period of delay would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness, (b) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession. (5) Subsection (1) does not apply if the court is satisfied that the only grounds established for the order for recovery of possession are one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2. (6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.

.

• (3) After section 36 insert—

(36A) (1) When appointing a date for recovery of possession of a house in an order under section 36(5), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)). (2) The court may consider in particular— (a) whether giving the landlord the right to recover possession without a period of delay would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness, (b) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession. (5) Subsection (1) does not apply if the court is satisfied that the only reasons established for the order for recovery of possession are comparable to one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2. (6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.

.

Assured tenancies: duty to consider delay to eviction

30

• (1) The Housing (Scotland) Act 1988 is modified as follows.

• (2) After section 20 insert—

(20A) (1) On the making of an order for possession of a house let on an assured tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the house for a period (but see subsection (5)). (2) The First-tier Tribunal may consider in particular— (a) whether, if the date of possession were not postponed for a period, the order for possession would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness, (b) whether postponing the date of possession for a period would— (i) cause the landlord to experience financial hardship, (ii) have a detrimental effect on the health of the landlord, or (iii) have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and (c) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession. (5) Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession is Ground 15 in Part 2 of schedule 5. (6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal. (7) Regulations under subsection (6) are subject to the affirmative procedure.

.

Protected tenancies and statutory tenancies: duty to consider delay to eviction

31

• (1) The Rent (Scotland) Act 1984 is modified as follows.

• (2) After section 12 insert—

(12ZA) (1) On the making of an order for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the dwelling-house for a period (but see subsection (5)). (2) The First-tier Tribunal may consider in particular— (a) whether, if the date of possession were not postponed for a period, the order for possession would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness, (b) whether postponing the date of possession for a period would— (i) cause the landlord to experience financial hardship, (ii) have a detrimental effect on the health of the landlord, or (iii) have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and (c) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession. (5) Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession are the circumstances specified in Case 2 of Part 1 of schedule 2. (6) The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal. (7) Regulations under subsection (6) may make— (a) different provision for different purposes, (b) incidental, supplementary, consequential, transitional, transitory or saving provision. (8) Regulations under subsection (6) are subject to the affirmative procedure.

.

Damages for unlawful eviction

Unlawful eviction: notification and damages

32

• (1) The Housing (Scotland) Act 1988 is modified as follows.

• (2) In section 36 (damages for unlawful eviction)—

• (a) in subsection (3), for “assessed on the basis set out in” substitute “determined in accordance with”,

• (b) subsection (6B) is repealed,

• (c) after subsection (7) insert—

(7A) Where the court makes an order awarding damages to a former residential occupier by virtue of subsection (3), the court must send a copy of the order to— (a) the chief constable of the Police Service of Scotland, and (b) the Scottish Housing Regulator. (7B) Where the First-tier Tribunal makes an order awarding damages to a former residential occupier by virtue of subsection (3), the First-tier Tribunal must send a copy of the order to— (a) the chief constable of the Police Service of Scotland, and (b) any local authority with which the landlord (or where there is more than one, each of them) is required to be registered as a landlord. (7C) For the purpose of subsection (7B), a person is registered as a landlord with a local authority if the person is entered in the register prepared and maintained by the local authority for the purpose of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.

,

• (d) in subsection (8), in the opening words, after “section” insert “and section 37”.

• (3) For section 37 (the measure of damages) substitute—

(37) (1) For the purpose of section 36(3), the damages that the court or, as the case may be, the First-tier Tribunal may determine as payable are to be an amount that is— (a) not less than 3 times the relevant sum, and (b) not more than 36 times the relevant sum, taking into account the manner of the unlawful eviction and the impact that it has had on the former residential occupier. (2) But, the court or, as the case may be, the First-tier Tribunal may reduce the amount of damages that would otherwise be payable under subsection (1), including to an amount lower than 3 times the relevant sum, if it considers it appropriate to do so having regard to all the circumstances of the case. (3) Where two or more persons jointly were the landlord, the court or, as the case may be, the First-tier Tribunal may determine that— (a) damages are payable by all, some or only one of the former landlords, (b) each former landlord must pay a specified amount of damages, but the cumulative total of each of the amounts must not exceed 36 times the relevant sum, or (c) the former landlords are jointly and severally liable in respect of the whole amount of damages payable. (4) In this section— - “relevant sum”, in relation to the premises in question, means— the amount of one month’s rent, or £840 if that is a higher amount, - “rent”, in relation to the premises in question, means— except in a case mentioned in paragraph (b), the amount (if any) that was payable in rent in connection with the right to occupy the premises (whether under a contract or otherwise) immediately before the landlord became liable to pay the former residential occupier under section 36(3), or in a case where two or more persons jointly were liable to pay the amount mentioned in paragraph (a) immediately before the liability arose, that amount divided by the number of such persons. (5) The Scottish Ministers may by regulations modify the definition of “relevant sum” in subsection (4) so as to substitute a different amount for the one for the time being specified in paragraph (b) of the definition. (6) Regulations under subsection (5) are subject to the affirmative procedure.

.

Eviction grounds

Review of eviction grounds

33

• (1) The Scottish Ministers must conduct a review of schedule 3 (eviction grounds) of the 2016 Act.

• (2) The review must be completed within the period of two years beginning with the day after Royal Assent.

• (3) On completing the review, the Scottish Ministers must publish and lay a report before the Scottish Parliament.

• (4) The report under subsection (3) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

Payments for wrongful termination

Payments for wrongful termination

34

• (1) The 2016 Act is modified as follows.

• (2) In section 59 (wrongful-termination order)—

• (a) in subsection (1), for “not exceeding six months’ rent” substitute “determined by the First-tier Tribunal in accordance with subsections (1A) and (1B)”,

• (b) after subsection (1) insert—

(1A) The amount that the First-tier Tribunal may determine as payable is to be an amount that is— (a) not less than 3 times the relevant sum, and (b) not more than 36 times the relevant sum, taking into account the manner of the wrongful termination and the impact that it has had on the person who made the application for the wrongful-termination order. (1B) But the First-tier Tribunal may reduce the amount that would otherwise be payable under subsection (1A), including to an amount lower than 3 times the relevant sum, if it considers it appropriate to do so having regard to all the circumstances of the case.

,

• (c) in subsection (3)(b), for “six months’ rent” substitute “36 times the relevant sum”,

• (d) in subsection (4), for “subsections (1) and (3)(b),” substitute “this section—

• “relevant sum” means— the amount of one month’s rent payable under the tenancy, or £840 if that is a higher amount,

,

• (e) after subsection (4) insert—

(5) The Scottish Ministers may by regulations modify the definition of “relevant sum” in subsection (4) so as to substitute a different amount for the one for the time being specified in paragraph (b) of the definition.

.

Part 3 — Keeping pets and making changes to let property

Private residential tenancies: keeping pets and making changes to let property

35

• (1) The 2016 Act is modified as follows.

• (2) After Part 5 (termination) insert—

(64A) (1) A tenant under a private residential tenancy to which this Chapter applies may keep a pet (or pets) at the let property with the landlord’s consent (but see subsection (4)). (2) The landlord’s consent may not be unreasonably refused (see also section 64E). (3) Where a landlord has consented to the keeping of a pet by the tenant at the let property, the tenant may keep the pet at the let property until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet. (4) A tenant under a private residential tenancy may keep a pet at the let property without the consent of the landlord if the terms of the tenancy allow the tenant to do so without such consent. (5) This Chapter applies to a private residential tenancy if the term mentioned in paragraph 9 of schedule 2 is a statutory term of the tenancy. (6) In this Chapter— - “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976, - “pet” means an animal kept by a person mainly for— personal interest (including as regards its welfare, treatment or training), companionship, ornamental purposes, any combination of paragraphs (a) to (c). (64B) (1) A request by a tenant for the landlord’s consent under section 64A(1) to keep a pet must— (a) be in writing, and (b) fulfil any other requirements prescribed by the Scottish Ministers in regulations. (2) The landlord must, within a period of 30 days beginning with the day on which the request is received, give the tenant notice that the landlord— (a) consents to the tenant keeping the pet at the let property with or without conditions, or (b) refuses to consent to this. (3) The landlord’s notice must— (a) specify any such conditions, (b) give reasons for any refusal of consent, (c) be in writing, and (d) fulfil any other requirements prescribed by the Scottish Ministers in regulations. (4) Any conditions specified in the landlord’s notice must be reasonable (see also section 64F). (5) If notice is not given in accordance with subsection (2), the landlord is to be deemed to have refused consent. (64C) (1) A tenant may appeal to the First-tier Tribunal against— (a) where the tenant was given notice in accordance with section 64B(2)— (i) any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable, (ii) any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or (b) where the tenant considers that section 64B(5) applies, the deemed refusal of consent. (2) Before making the appeal, the tenant must give the landlord notice of— (a) the tenant’s intention to make it, and (b) whether the appeal will be against— (i) one or more consent conditions and, if so, which, or (ii) a refusal of consent (including any deemed refusal). (3) The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations. (4) The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with— (a) where the tenant intends to appeal under subsection (1)(a)— (i) the day on which the tenant was given notice in accordance with section 64B(2), or (ii) where no such notice was given within the period required by the section, the expiry of that period, (b) where the tenant intends to appeal under subsection (1)(b), the day on which consent is deemed to have been refused under section 64B(5). (5) The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2). (6) The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that— (a) notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section, (b) the appeal was not made within the period required by subsection (5). (64D) (1) Subsection (2) applies in relation to an appeal under section 64C(1)(a)(i) against one or more consent conditions. (2) If the First-tier Tribunal decides that— (a) any such condition is unreasonable, it may make a consent order, (b) each such condition is reasonable, it may dismiss the appeal. (3) Subsection (4) applies in relation to an appeal under section 64C(1)(a)(ii) against a refusal of consent. (4) If the First-tier Tribunal decides that— (a) the refusal is unreasonable, it may make a consent order, (b) the refusal is reasonable, it may dismiss the appeal. (5) Subsection (6) applies in relation to an appeal under section 64C(1)(b) against a deemed refusal of consent. (6) If the First-tier Tribunal— (a) is satisfied that the landlord in question is deemed to have refused such consent and decides that— (i) the deemed refusal is unreasonable, it may make a consent order, (ii) the deemed refusal is reasonable, it may dismiss the appeal, (b) is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal. (7) In this section, a “consent order”, in relation to an appeal by a tenant under section 64C(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant keeping the pet to which the appeal relates at the let property with or without such conditions as the First-tier Tribunal may specify. (64E) (1) For the purpose of section 64A(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a let property. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which it is or is not reasonable to refuse such consent, (b) factors that tend to show that the refusal of such consent is or is not reasonable. (3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. (4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. (64F) (1) For the purpose of section 64B(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which a condition, or type of condition, is or is not reasonable, (b) factors that tend to show that a condition is or is not reasonable. (3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. (4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. (64G) Before laying a draft of a Scottish statutory instrument containing regulations under section 64E or 64F before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords, and (b) may consult any other person they consider appropriate. (64H) (1) A tenant under a private residential tenancy to which this Chapter applies may— (a) make a category 1 change to the let property without the consent of the landlord, (b) make a category 2 change to the let property if— (i) the change is made at least 6 months after the start of the tenancy, and (ii) the tenant has the landlord’s consent to make the change (but see subsection (4)). (2) The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M). (3) Where a tenant makes a category 1 change or a category 2 change to a let property in accordance with this Chapter, any costs incurred by the tenant in making the change are to be met by the tenant unless the landlord agrees otherwise. (4) A tenant under a private residential tenancy may make a category 2 change at any time to the let property without the consent of the landlord if the terms of the tenancy allow the tenant to make the change at that time without such consent. (5) This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy. (6) In this Chapter— (a) a “category 1 change” or “category 2 change”, in relation to a let property of a particular type, means a change or kind of change that is categorised as such in regulations under section 64L and which applies in relation to a let property of that type, (b) a reference to making any such change (however described) includes arranging for the change to be made. (64I) (1) A request by a tenant for the landlord’s consent under section 64H(1) to make a category 2 change must— (a) be in writing, and (b) fulfil any other requirements prescribed by the Scottish Ministers in regulations. (2) The landlord must, within a period of 30 days beginning with the day on which the request was received, give the tenant notice that the landlord— (a) consents to the tenant making the category 2 change to the let property with or without conditions, or (b) refuses to consent to this. (3) The landlord’s notice must— (a) specify any such conditions, (b) give reasons for any refusal of consent, (c) be in writing, and (d) fulfil any other requirements prescribed by the Scottish Ministers in regulations. (4) Any conditions specified in the landlord’s notice must be reasonable (see also section 64N). (5) If notice is not given in accordance with subsection (2), the landlord is deemed to have refused consent. (64J) (1) A tenant may appeal to the First-tier Tribunal against— (a) where the tenant was given notice in accordance with section 64I(2)— (i) any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable, (ii) any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or (b) where the tenant considers that section 64I(5) applies, the deemed refusal of consent. (2) Before making the appeal, the tenant must give the landlord notice of— (a) the tenant’s intention to make it, and (b) whether the appeal will be against— (i) one or more consent conditions and, if so, which, or (ii) a refusal of consent (including any deemed refusal). (3) The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations. (4) The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with— (a) where the tenant intends to appeal under subsection (1)(a)— (i) the day on which the tenant was given notice in accordance with section 64I(2), or (ii) where no such notice was given within the period required by the section, the expiry of that period, (b) where the tenant intends to appeal under subsection (1)(b), the day on which the landlord is deemed to have refused consent under section 64I(5). (5) The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2). (6) The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that— (a) notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section, (b) the appeal was not made within the period required by subsection (5). (64K) (1) Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions. (2) If the First-tier Tribunal decides that— (a) any such condition is unreasonable, it may make a consent order, (b) each such condition is reasonable, it may dismiss the appeal. (3) Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent. (4) If the First-tier Tribunal decides that— (a) the refusal is unreasonable, it may make a consent order, (b) the refusal is reasonable, it may dismiss the appeal. (5) Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent. (6) If the First-tier Tribunal— (a) is satisfied that the landlord in question is deemed to have refused such consent and decides that— (i) the deemed refusal is unreasonable, it may make a consent order, (ii) the deemed refusal is reasonable, it may dismiss the appeal, (b) is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal. (7) In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify. (64L) (1) For the purposes of section 64H(6)(a), the Scottish Ministers may by regulations specify one or more changes (or kinds of change) to a property let under a private residential tenancy. (2) Regulations under subsection (1) must categorise each specified change or kind of change as either— (a) a category 1 change, or (b) a category 2 change. (3) Regulations under subsection (1) may provide that a category 1 change or a category 2 change— (a) applies only in relation to property of a particular type or description, or (b) does not apply in relation to property of a particular type or description. (4) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. (5) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. (64M) (1) For the purpose of section 64H(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to the making of a category 2 change to a let property. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which it is or is not reasonable to refuse such consent, (b) factors that tend to show that the refusal of such consent is or is not reasonable. (3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. (4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. (64N) (1) For the purpose of section 64I(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which a condition, or type of condition, is or is not reasonable, (b) factors that tend to show that a condition is or is not reasonable. (64O) Before laying a draft of a Scottish statutory instrument containing regulations under section 64L, 64M or 64N before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords, and (b) may consult any other person they consider appropriate.

.

• (3) In schedule 2 (statutory terms required by section 8), after paragraph 8 insert—

(9) The tenant may keep pets at the let property in accordance with Chapter 1 of Part 5A. (10) The tenant may make changes to the let property in accordance with Chapter 2 of Part 5A.

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Scottish secure tenancies etc.: keeping pets

36

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) After section 31 insert—

(31A) (1) It is a term of every Scottish secure tenancy that the tenant may keep a pet (or pets) at the house with the consent in writing of the landlord, which must not be unreasonably withheld (but see subsection (3)). (2) The provisions of Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy (but see subsection (3)). (3) The terms of a Scottish secure tenancy that have effect by virtue of subsections (1) and (2) may be modified by a landlord so that, under the terms of the tenancy, the tenant may keep a pet at the house without the consent of the landlord. (4) In this section, sections 31B and 31C and Part 1A of schedule 5— - “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976, - “pet” means an animal kept by a person mainly for— personal interest (including as regards its welfare, treatment or training), companionship, ornamental purposes, or any combination of paragraphs (a) to (c), - “tenant”, in the case of a joint tenancy, does not include the other joint tenant or tenants. (31B) (1) For the purpose of paragraph 8C(b) of schedule 5, the Scottish Ministers may by regulations make provision about when a condition mentioned in that paragraph (to which consent to keep a pet is subject) is reasonable. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which a condition, or type of condition, is or is not reasonable, (b) factors that tend to show that a condition is or is not reasonable. (3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection. (4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument. (31C) (1) For the purpose of paragraph 8C(c) of schedule 5, the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a house. (2) Regulations under subsection (1) may in particular specify— (a) circumstances in which it is or is not reasonable to refuse such consent, (b) factors that tend to show that the refusal of such consent is or is not reasonable. (31D) Before laying a draft of a Scottish statutory instrument containing regulations under section 31B or 31C before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords affected by the regulations, and (b) may consult any other person they consider appropriate.

.

• (3) In schedule 5, after Part 1 insert—

(8A) A tenant under a Scottish secure tenancy who wishes to keep a pet at the house may make a written application to the landlord for the landlord’s consent, giving details of the pet. (8B) The application must fulfil any other requirements prescribed by the Scottish Ministers in regulations. (8C) The landlord may— (a) consent, (b) consent subject to such reasonable conditions as the landlord may impose, or (c) refuse consent, provided that it is not refused unreasonably. (8D) Any condition imposed by the landlord must comply with regulations under section 31B. (8E) A refusal of consent by the landlord must comply with regulations under section 31C. (8F) The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within a period of one month beginning with the day on which the application was received. (8G) Where a landlord consents to the tenant keeping the pet at the house the tenant may keep the pet at the house until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet. (8H) If the landlord fails to comply with paragraph 8F, it is to be taken to have consented to the application.

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Part 4 — Other matters relating to tenants

Unclaimed tenancy deposits

Use of unclaimed tenancy deposits

37

• (1) The Housing (Scotland) Act 2006 is modified as follows.

• (2) In section 121 (tenancy deposit schemes: regulatory framework)—

• (a) in subsection (2), after paragraph (d) insert—

(da) impose requirements on a person who administers an approved scheme to report to the Scottish Ministers on matters relating to the operation of the approved scheme including, in particular, matters relating to unclaimed deposits,

,

• (b) after subsection (3) insert—

(4) Tenancy deposit regulations must include provision to ensure that a tenancy deposit that is held under an approved scheme is not repaid unless a relevant application is made, within the 5-year period, for the tenancy deposit to be repaid. (5) In this Part— - “5-year period”, in relation to a tenancy deposit held under an approved scheme, means the period of 5 years beginning with the later of— the day on which the provision required by subsection (4) comes into force in relation to the approved scheme, and the day on which the relevant tenancy or occupancy arrangement ends, - “approved scheme” means a tenancy deposit scheme that is approved under section 122, - “relevant application”, in relation to a tenancy deposit held under an approved scheme, means an application (however described) made— under the approved scheme, and in accordance with any tenancy deposit regulations that apply in relation to the application, - “relevant tenancy or occupancy arrangement”, in relation to a tenancy deposit held under an approved scheme, means the tenancy or occupancy arrangement under or in connection with which the tenancy deposit was paid as security.

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• (3) After section 122 insert—